NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: R v Boon [2019] NSWSC 813 Hearing dates: 28 June 2019 Decision date: 28 June 2019 Jurisdiction: Common Law Before: R A Hulme J Decision: Imprisonment for 18 years, 6 months with a non-parole period of 13 years, 10 months Catchwords: CRIMINAL LAW – sentence – murder – plea of guilty – beating causing death by blunt force head trauma – victim died in hospital the following day – offender seen behaving bizarrely before and after the incident – dispute as to whether offender intended to kill or inflict grievous bodily harm – irrational motivation does not mean that there was no intention to kill – savagery of beating bespeaks intention to kill – offence is in mid-range of objective seriousness – subjective mitigating features including remorse, no significant criminal record, prior good character, unlikelihood of re-offending, good prospects of rehabilitation – 15% discount for guilty plea – no special circumstances Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW), s 21A(5AA) Cases Cited: Fang v R [2018] NSWCCA 210 R v Hillsley [2006] NSWCCA 312; 164 A Crim R 252 Category: Sentence Parties: Regina Patrick Allen Boon Representation: Counsel: Mr L Shaw (Crown) Mr J Trevallion with Ms Bennett (Offender)
Solicitors: Solicitor for Public Prosecutions (Crown) Kiki Kyriacou Lawyers (Offender) File Number(s): 2017/176899
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