R v Paul Wilkinson [2019] NSWSC 235

Supreme Court New South Wales

Medium Neutral Citation: R v Paul Wilkinson [2019] NSWSC 235 Hearing dates: 1 February 2019 Decision date: 08 March 2019 Jurisdiction: Common Law Before: Hamill J Decision: Sentenced to imprisonment for 8 years with a non-parole period of 4 years and 9 months. Catchwords: CRIMINAL LAW – sentencing – manslaughter – where offender partner of principal offender – killing of ex-husband – principal seeking to extract confession of mistreatment of children – planned but chaotic joint criminal enterprise – brutal assault – victim dies of asphyxiation – body dumped by side of road – aggravating and mitigating features – parity of sentencing – offer of plea rejected – motivation unclear – something in the nature of love Legislation Cited: Crimes Act 1900 (NSW), s 24 Crimes (High Risk Offenders) Act 2006 (NSW), s 25C Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 21A(3) and 28(4) Cases Cited: R v Do (No 4) [2015] NSWSC 512 R v Halloun [2014] NSWSC 1705 R v Hines (No 3) [2014] NSWSC 1273 R v Hutchison & Wilkinson [2018] NSWSC 1759 R v Raquel Hutchison [2019] NSWSC 25 R v Sumpton (No. 4) [2015] NSWSC 684 Sumpton v R [2016] NSWCCA 162 Category: Sentence Parties: Regina Paul Wilkinson Representation: Counsel: M Cunneen SC (Regina) M Ainsworth (Mr Wilkinson)

Solicitors: Director of Public Prosecutions (Regina) McGirr Lawyers (Mr Wilkinson) File Number(s): 2014/00308929 Publication restriction: See R v Hutchison, Wilkinson & Greentree (No 3) [2018] NSWSC 1758. Suppression order over the surname of the deceased and the children who gave evidence in the trial. Pseudonyms to be used.