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Supreme Court 7 December 2001

R v Carter

[2001] NSWSC 1119

HomicideTraffic & driving
CRIMINAL LAW SENTENCE FOR CONVICTION OF MURDER

Citation: R v Carter [2001] NSWSC 1119
Court: Supreme Court of New South Wales
Date: 7 December 2001
Judge(s): Howie J

Background

The prisoner, Earl Robert Carter, was charged with the murder of Renae Michelle Sabine, a young woman who died on 14 May 2000 in Moree, New South Wales. The events arose from a late-night altercation at a birthday party during which the prisoner was humiliated and insulted by a group that included the deceased's boyfriend and, to some extent, the deceased herself.

After being urged to leave the party, the prisoner walked to his nearby vehicle. Witnesses at the flats where he had parked heard him making threats and muttering about the insults to his mother. Despite attempts by two acquaintances to dissuade him from driving back, he sped off toward the party in the opposite direction from his home.

The prisoner drove at speed down Drummond Street toward the group still gathered near a parked Magna sedan. As he approached the group, he swerved his vehicle to the left. The deceased was leaning into the driver's window of the Magna and had no time to move. She was struck by the left side of the prisoner's vehicle and died from her injuries. The prisoner initially pleaded not guilty to murder but guilty to dangerous driving causing death under s 52A of the Crimes Act 1900. The Crown did not accept that plea, the matter proceeded to trial, and the jury convicted him of murder on 30 August 2001.

  • Whether the facts as found by the jury supported a conviction for murder rather than the lesser offence of dangerous driving causing death.
  • What sentence was appropriate for the murder conviction, having regard to the objective seriousness of the offence, the prisoner's personal circumstances, and any mitigating factors.
  • How the non-parole period should be fixed under s 44 of the Crimes (Sentencing Procedure) Act 1999.

Decision

The jury's verdict of murder meant it was satisfied beyond reasonable doubt that the prisoner acted with the requisite intent. Howie J noted that the facts fell within a narrow compass: the prisoner had made threats to kill, driven back toward the party in the opposite direction from home, and deliberately swerved toward the group. These findings were plainly open on the evidence.

On sentencing, Howie J assessed the offence as serious. The prisoner had chosen to return to the scene and deliberately direct his vehicle at people who had offended him. The killing arose from a combination of alcohol, wounded pride, and a conscious decision to use the vehicle as a weapon.

The court took into account the prisoner's personal circumstances, including materials and reports obtained after an adjournment, and acknowledged that victim impact statements from the deceased's mother, grandmother, and stepfather had been received but were not used to increase the severity of the sentence. They were received to allow the family to participate in the proceedings and to remind the court of the human tragedy involved.

Howie J imposed a sentence of 18 years imprisonment with a non-parole period of 13 and a half years, reflecting both the gravity of the offence and the requirements of the statutory ratio under s 44 of the Crimes (Sentencing Procedure) Act 1999. The sentence was backdated to 15 August 2001 to account for an earlier period of custody before the prisoner had been released on bail.

Orders Made

  • Imprisonment for 18 years for murder.
  • Non-parole period of 13 and a half years.
  • Sentence to commence from 15 August 2001.
  • Earliest eligible release to parole: 9 February 2015.

Key Takeaways

  • The Supreme Court treated the deliberate swerving of a vehicle toward a group of people, following explicit threats to kill, as conduct capable of supporting a murder conviction where the jury accepted the necessary intent.
  • A jury conviction for murder is not displaced by a guilty plea to the lesser offence of dangerous driving causing death if the Crown does not accept that plea and the evidence supports the higher charge.
  • Under s 44 of the Crimes (Sentencing Procedure) Act 1999, the statutory ratio governing the relationship between the non-parole period and the head sentence constrained the court's discretion; Howie J applied the ratio without finding any basis to depart from it.
  • Victim impact statements were received as a means of allowing the deceased's family to participate in the proceedings and to keep before the court the human consequences of the offence; they played no role in increasing the sentence.
  • Where multiple provocations, including personal humiliation, alcohol consumption, and prior threats, culminated in a deliberate act of fatal violence, the sentencing court characterised the episode as one where "alcohol and stupidity" combined to destroy more than one life.

Legislation and Cases Referenced

Legislation:
- Crimes Act 1900 (NSW), s 52A (dangerous driving causing death)
- Crimes (Sentencing Procedure) Act 1999 (NSW), s 44 (standard non-parole periods and ratio)

Cases:
- R v Hall [2001] NSWCCA 202