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31
Court of Criminal Appeal 11 September 2006

KNIGHT v REGINA

[2006] NSWCCA 292

Also reported as (2006) 164 A Crim R 126
Homicide
CRIMINAL LAW MURDER LIFE SENTENCE PREMEDITATION DEGREE OF VIOLENCE DEGREE OF DANGER TO THE COMMUNITY

Citation: Knight v Regina [2006] NSWCCA 292
Court: NSW Court of Criminal Appeal
Date: 11 September 2006
Judges: McClellan CJ at CL; Adams J; Latham J

Background

The appellant pleaded guilty to the murder of her de facto partner, John Price, on 29 February 2000. The killing involved at least 37 stab wounds inflicted while the deceased was sleeping, followed by his pursuit through the house as he attempted to escape. After his death, the appellant, who had worked for many years as a meat slicer in abattoirs, methodically skinned his body, removing his skin as a single pelt and hanging it on a meat hook. She then decapitated the body and arranged the remains.

O'Keefe J in the Supreme Court sentenced the appellant to life imprisonment under s 19A of the Crimes Act 1900, meaning she would serve the sentence for the term of her natural life. The sentencing judge found the crime fell within the worst class of murder and that the appellant posed an unacceptable danger to the community with no real prospect of rehabilitation.

The appellant sought leave to appeal against that sentence, arguing it was manifestly excessive and that the sentencing judge erred in concluding her offence was among the worst category of cases and that she could never safely be released.

  • Whether the murder fell within the "worst class" of case warranting a natural life sentence under s 19A of the Crimes Act 1900
  • Whether the post-mortem mutilation of the deceased's body was properly treated as relevant to the objective seriousness of the offence
  • Whether the psychiatric evidence supported a finding that the appellant posed such a danger to the community that she could never be safely released
  • Whether the absence of a guilty plea discount and the lack of prior convictions were properly addressed by the sentencing judge
  • Whether the sentence was manifestly excessive in all the circumstances

Decision

The Court of Criminal Appeal dismissed the appeal by majority. McClellan CJ at CL, with whom Latham J agreed, held that the sentencing judge was entitled to find the offence fell within the worst category of murder. The premeditation, the extreme degree of violence, the sustained nature of the attack on a sleeping victim, and the mutilation of the body were all properly considered as part of the objective gravity of the offence. His Honour reasoned that the post-mortem conduct was relevant because it reflected on the appellant's state of mind and the deliberate, sustained nature of her actions as a whole.

On the question of future dangerousness, McClellan CJ at CL found the psychiatric evidence supported the conclusion that the appellant had no real prospects of rehabilitation and presented an ongoing danger to the community. The sentencing judge's finding that a life sentence was warranted on grounds of both culpability and dangerousness was held to disclose no appellable error.

Adams J reached a different conclusion on the dangerousness ground. His Honour accepted that the offence itself was of extreme heinousness, but expressed doubt that the psychiatric evidence was sufficiently reliable to justify permanently removing from the Parole Authority and the Serious Offenders Review Council the opportunity to assess future risk after a very lengthy period of imprisonment. Had he been sentencing afresh, Adams J indicated he would have imposed 45 years with a non-parole period of 33 years, which would have allowed the appellant to be considered for parole at age 77. However, Adams J ultimately agreed the appeal should be dismissed, because the mere fact that he would have sentenced differently did not establish that O'Keefe J was wrong in law.

All three judges agreed that no discernible error in the sentencing judge's approach had been established sufficient to warrant appellate intervention, and the appeal was dismissed.

Orders Made

  • Appeal dismissed

Key Takeaways

  • The Court of Criminal Appeal confirmed that post-mortem mutilation of a victim's body, while not itself an act causing death, is properly taken into account when assessing the objective seriousness of a murder, as it bears on the offender's state of mind and the nature of the overall criminal conduct.
  • A natural life sentence under s 19A of the Crimes Act 1900 may be justified on grounds of culpability alone, without requiring separate proof that the offender cannot ever be safely released, provided the offence is found to fall within the worst class of case.
  • Appellate intervention in sentencing is not warranted simply because a judge of the Court of Criminal Appeal would have imposed a different sentence; error of principle or manifest excess must be established.
  • Psychiatric evidence of personality disorder and predictions of future dangerousness were considered by the court, but Adams J noted the inherent uncertainty in such predictions and suggested that, in appropriate cases, parole mechanisms may be a preferable way of managing long-term risk than a permanent removal of any prospect of release.
  • Premeditation, the sustained nature of the violence, the vulnerability of a sleeping victim, and the degree of danger posed to the community were all identified as factors bearing on whether an offence reaches the threshold for a natural life sentence.

Legislation and Cases Referenced

Legislation
- Crimes Act 1900 (NSW), s 19A
- Crimes (Sentencing Procedure) Act 1999 (NSW)
- Crimes (Administration of Sentencing) Act 1999 (NSW)

Cases
- DPP v England (1997) 186 A Crim R 99
- Ibbs v The Queen (1987) 163 CLR 447
- R v Baker (unreported, CCA, 20 September 1995)
- R v Bell (1985) 2 NSWLR 466
- R v Benitez [2006] NSWCCA 21
- R v Cramp [2004] NSWCCA 264
- R v Engert (1995) 84 A Crim R 67
- R v Garforth (unreported, CCA, 23 May 1994)
- R v Kalache [2000] NSWCCA 2
- R v Kalazich (1997) 94 A Crim R 41
- R v Merritt (2004) 59 NSWLR 557
- R v Miles [2002] NSWCCA 276
- R v Petroff (unreported, 12 November 1991)
- R v Scognamiglio (1991) 56 A Crim R 81
- R v SLD (2003) 58 NSWLR 589
- R v Sutton [2004] NSWCCA 225
- R v Thomson and Houlton (2000) 49 NSWLR 371
- R v Valera [2002] NSWCCA 50
- R v Wright (1997) 93 A Crim R 48
- R v Yeo [2002] NSWSC 315
- Veen v The Queen (No 2) (1988) 164 CLR 465
- Weininger v The Queen (2003) 212 CLR 629