R v Wood [2018] NSWSC 1855

Supreme Court New South Wales

Medium Neutral Citation: R v Wood [2018] NSWSC 1855 Hearing dates: 12 December 2018 Date of orders: 14 December 2018 Decision date: 14 December 2018 Jurisdiction: Common Law Before: Bellew J Decision: (1) The offender is convicted of the murder of Sarah Brown. (2) The offender is sentenced to imprisonment for a period of 25 years and 6 months commencing on 30 September 2017 and expiring on 29 March 2043. (3) I specify a non-parole period of 19 years and 1 month imprisonment to expire on 29 October 2036. (4) The total sentence is one of 25 years and 6 months imprisonment. (5) The offender will be eligible for parole on 29 October 2036 and his sentence will expire on 29 March 2043. Catchwords: CRIMINAL LAW – Offences – Sentence – Murder – Where deceased was the partner of the offender – History of domestic violence – Offending aggravated by a series of factors including the offender's record which included previous breaches of apprehended violence orders – Finding that the offender acted with an intention to kill the deceased – Necessity for sentence to incorporate considerations of both general deterrence and specific deterrence

CRIMINAL LAW – Offences – Sentence – Murder – Whether offender's intoxication was an aggravating factor – Where the offender had a history of alcohol related offending including offending of a domestic violence nature – Where offender must have been aware of the connection between his consumption of alcohol and violence – Offender found to be reckless – Offending aggravated by intoxication

CRIMINAL LAW – Offences – Sentence – Murder – Whether the offending was aggravated by gratuitous cruelty perpetrated by the offender on the deceased – Evidence of widespread bruising to the deceased in addition to the stab wounds which caused her death – Where the offender admitted to the police that he had "choked out" the deceased and caused her to lose consciousness – Offending aggravated by gratuitous cruelty Legislation Cited: Crimes Act 1900 (NSW) Crimes Act 1914 (Cth) Crimes (Domestic and Personal Violence) Act 2007 Crimes (Sentencing Procedure)1999 (NSW) Criminal Code 1995 (Cth) Criminal Procedure Act 1986 (NSW) Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) Cases Cited: Abbas, Bodiotis Taleb and Amoun v R [2013] NSWCCA 115 Attorney-General's Application under s 37 of the Cherry v R [201] NSWCCA 150 Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146; [2002] NSWCCA 518 Mendes v R [2012] NSWCCA 103 R v Coleman (1990) 47 A Crim R 306 R v Medich (No.43) [2018] NSWSC 886 R v Qutami [2001] NSWCCA 353 R v Thomson; R v Houlton (2000) 49 NSWLR 383; [2009] NSWCCA 309 RL v R [2018] NSWCCA 174 Stanford v R [2007] NSWCCA 73 Category: Sentence Parties: Regina - Crown Russell Brian Wood – Offender Representation: Counsel: M Paish – Crown A Webb - Offender