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Supreme Court 8 November 2001

R v Staples

[2001] NSWSC 990

Homicide
DETERMINATION OF LIFE SENTENCE MURDER MANSLAUGHTER TOTALITY REHABILITATION SENTENCING

Citation: R v Staples [2001] NSWSC 990
Court: Supreme Court of New South Wales
Date: 8 November 2001
Judge(s): Dowd J

Background

The applicant had been convicted of the murder of his two-year-old son, Gye William Staples, and the manslaughter of his pregnant wife, Stephanie Staples. Both deaths occurred on 19 February 1987. McInerney J sentenced the applicant in December 1988 to life imprisonment for the murder and a fixed term of 15 years penal servitude for the manslaughter.

The murders followed the applicant learning that his wife had been unfaithful and that he was not Gye's biological father. The killing of his wife involved 39 stab wounds; his infant son was also killed in circumstances the court described as extremely serious. The applicant had provided multiple contradictory accounts of the events over the years, including to the most recent psychiatric examination in 2001.

Having served more than eight years of the life sentence, the applicant became entitled to apply to the Supreme Court to replace the life sentence with a fixed-term sentence including a non-parole period. The application was originally lodged in April 1995 and was ultimately determined under Schedule 1 of the Crimes (Sentencing Procedure) Act 1999.

  • Whether the applicant's life sentence for murder should be re-determined and replaced with a finite sentence
  • What head sentence and non-parole period appropriately reflected the objective seriousness of the murder offence
  • How the principle of totality applied, given a concurrent 15-year manslaughter sentence was also part of the original sentencing
  • What weight should be given to the applicant's rehabilitation, psychiatric history, and ongoing treatment needs
  • What conditions should be attached to any future parole order

Decision

Dowd J re-determined the life sentence after considering the gravity of the offence, the applicant's complex psychiatric history, and his progress towards rehabilitation. The murder of a two-year-old child was treated as extremely serious. The court noted the heinous nature of the offending as reflected in the original sentencing judge's remarks.

The court applied the principle of totality, noting that the 15-year manslaughter sentence had expired in November 1995. The re-determined sentence needed to reflect the full criminality of the murder in its own right, not simply be calibrated around the now-expired manslaughter term.

On rehabilitation, the court acknowledged that some progress had been made but placed significant weight on the applicant's persistent inconsistencies in recounting the offences and on the need for ongoing psychiatric management. The court found that any parole consideration would need to take into account the applicant's treatment status and his capacity to manage interpersonal relationships.

A sentence of 28 years was imposed, with a non-parole period of 20 years. The court attached detailed conditions to any future parole order, requiring a supervisory management plan developed in conjunction with a community-based mental health team and mandatory weekly psychiatric examinations upon release.

Orders Made

  • The life sentence for the murder of Gye Staples was re-determined.
  • The applicant was sentenced to 28 years imprisonment, commencing 19 February 1987 and concluding 18 February 2015.
  • A non-parole period of 20 years was fixed, from 19 February 1987 to 18 February 2007, after which the applicant would be eligible for parole consideration.
  • Parole conditions were imposed requiring a supervisory management plan (developed by the Probation Team, Parole Service, and a community-based Mental Health Team) and weekly psychiatric examinations upon release until a treating clinician determined otherwise.

Key Takeaways

  • Re-determination of a pre-regime life sentence under Schedule 1 of the Crimes (Sentencing Procedure) Act 1999 requires the court to fix a finite head sentence and non-parole period that reflects the full objective gravity of the murder, not merely a technical exercise in adjusting minimum terms.
  • Where a concurrent fixed sentence (here, for manslaughter) has already expired by the time of re-determination, the totality principle still applies: the court must ensure the re-determined murder sentence accounts for the overall criminality without effectively imposing additional punishment for the earlier, spent sentence.
  • Persistent inconsistency in an offender's account of the offence can weigh against mitigation in re-determination proceedings, notwithstanding other evidence of rehabilitation.
  • The Supreme Court confirmed that detailed parole conditions, including mandatory psychiatric supervision and a structured community management plan, can be specified at the re-determination stage as conditions attaching to any future parole order.
  • Rehabilitation is a relevant factor in re-determination, but its weight is assessed alongside the seriousness of the offence, the offender's psychiatric profile, and the ongoing risks identified by expert evidence.

Legislation and Cases Referenced

Legislation:
- Crimes Act 1900 (NSW)
- Crimes (Administration of Sentences) Act 1999 (NSW)
- Crimes (Sentencing Procedure) Act 1999 (NSW), Schedule 1
- Crimes Legislation (Existing Life Sentences) Act 2001 (NSW)
- Prisons (Serious Offenders Review Board) Amendment Act 1989 (NSW)
- Sentencing Act 1989 (NSW), s 13A

Cases:
- Dinsdale v The Queen (2000) 74 ALJR 1538
- R v Attard & Sharah (Unreported, NSWSC, 9 June 2000)
- R v Baker (Unreported, NSWSC, 10 May 1993)
- R v Boyd (Unreported, NSWSC, 7 July 1994)
- R v Cribb (Unreported, NSWSC, 12 November 1993)
- R v Crump (Unreported, NSWCCA, 30 May 1994)
- R v Dodd (1991) 57 A Crim R 349
- R v Ellis (1986) 6 NSWLR 603
- R v Harris (Unreported, NSWCCA, 20 December 2000)
- R v Ibbs (1987) 163 CLR 447
- R v Lawson (Unreported, NSWSC, 31 May 1994)
- R v Mansour [1999] 29 MVR 409
- R v Petroff (Unreported, NSWSC, 12 November 1991)
- R v Purdey (1993) 65 A Crim R 441
- R v Rushby [1977] 1 NSWLR 594
- R v Thompson (2000) 115 A Crim R 104
- R v Twala (Unreported, NSWCCA, 4 November 1994)
- The Queen v De Simoni (1980-81) 147 CLR 383
- The Queen v Veen (No 2) (1987-88) 164 CLR 465