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Supreme Court 10 June 2004

REGINA v. LAING

[2004] NSWSC 510

Homicide
CRIMINAL LAW SENTENCE MANSLAUGHTER PLEA TO ALTERNATIVE TO MURDER REDUCTION FOR EARLY PLEA CONTRITION AND CO

Citation: Regina v Laing [2004] NSWSC 510
Court: Supreme Court of New South Wales
Date: 10 June 2004
Judge(s): Greg James J

Background

The offender, a landlord, was charged with the murder of his boarder, Raymond Stubberfield, at their shared Lithgow home in September 2002. The deceased had been a boarder for approximately twelve months and was frequently in arrears on rent of $80 per week. He was last seen on the evening of Sunday 8 September 2002.

The offender drowned the deceased by forcing him into a filled bath and holding his head underwater. He then loaded the body onto his utility vehicle, drove to a bush area, and deposited it there. He also discarded the deceased's mobile phone in the main street of Lithgow.

Two days after the death, the offender confessed to a friend, who then connected him with a police officer of their acquaintance. The offender cooperated fully with police from that point forward, participating in multiple electronically recorded interviews. He was arrested on 10 September 2002 and refused bail. His trial commenced in May 2004 on a murder indictment, and on 31 May 2004, the Crown for the first time offered to accept a plea of guilty to manslaughter, which the offender accepted immediately.

  • What sentence was appropriate for manslaughter following a late plea of guilty to an alternative charge, accepted at the first opportunity it was offered?
  • What discount should apply to reflect the guilty plea, contrition, and cooperation with police?
  • How should the offender's severe alcoholism, intoxication at the time of the offence, and underlying clinical depression affect the sentence?
  • Whether special circumstances justified a non-parole period departing from the statutory norm, given the offender's rehabilitation prospects and time spent on remand.

Decision

Greg James J accepted that a 25 per cent discount was appropriate on the combined basis of the guilty plea under section 22 of the Crimes (Sentencing Procedure) Act 1999, the offender's contrition, and his cooperation with police. Although the plea was entered near the conclusion of the trial, it was accepted at the first moment the Crown made it available, and the offender had shown remorse from the time he first confessed to his friend.

The court found that the offender's stated consumption of six to seven cans of beer significantly understated his actual intoxication. His long history of severe alcoholism had immunised him to the apparent effects of alcohol, and his capacity to estimate his own drinking was itself impaired. The self-medication with alcohol and cannabis also overlay a condition of clinical depression, all of which were treated as relevant subjective mitigating factors going to moral culpability.

The court identified the circumstances of the offence as bizarre, and noted strong prospects of rehabilitation. Time spent on remand since 10 September 2002, during which standard classification and rehabilitation programs were unavailable to the offender, was also taken into account. The court found special circumstances warranting an extended parole period relative to the non-parole period, to allow for supervised rehabilitation addressing the offender's alcoholism.

The court set a head sentence of six years and six months, with a non-parole period of three years and six months, both dating from the day of arrest.

Orders Made

  • Total term of imprisonment: six years and six months, commencing 10 September 2002 and expiring 9 March 2009.
  • Non-parole period: three years and six months, commencing 10 September 2002 and expiring 9 March 2006.
  • Earliest eligible parole date: 9 March 2006.
  • Recommendation that any parole conditions require the offender to accept treatment and counselling for alcoholism and submit to supervision by a nominated parole officer for the entire parole period.

Key Takeaways

  • A guilty plea to a lesser charge accepted at the very first opportunity offered by the Crown, even if that offer came late in proceedings, can still attract a meaningful discount when combined with demonstrated contrition and police cooperation. The Supreme Court applied a 25 per cent reduction on that combined basis.
  • Where an offender has a severe, long-standing alcohol dependency, sentencing courts may find that self-reported alcohol consumption at the time of an offence understates actual intoxication, particularly where that dependency has affected the offender's ability to accurately recall or estimate drinking.
  • Clinical depression underlying substance abuse is a relevant subjective consideration at sentencing, and may affect the court's assessment of moral culpability.
  • Time spent on remand without access to classification and rehabilitation programs is a recognised factor in fixing the non-parole period and can support a finding of special circumstances.
  • Strong rehabilitation prospects, combined with the need for structured supervision following release, can justify an extended balance of term to allow for meaningful parole conditions, including mandatory treatment for substance dependency.

Legislation and Cases Referenced

Legislation:
- Crimes (Sentencing Procedure) Act 1999 (NSW), ss 22, 22A, 23
- Crimes Act 1900 (NSW)

Cases:
- Regina v Thomson & Houlton (2000) 49 NSWLR 383
- Wilson (1992) 174 CLR 313
- Puckeridge (1999) 168 ALR 4
- Lavender [2004] NSWCCA 120
- MacDonald (CCA, unreported, 12 December 1995)
- Bugmy (1990) 169 CLR 525