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Supreme Court 17 November 2006

Regina v Steer

[2006] NSWSC 1198

HomicideTheft & property
CRIMINAL PRACTICE AND PROCEDURE MURDER ARMED ROBBERY STANDARD NON PAROLE PERIOD 20 YEARS FOR MURDER REASONS TO INCREASE STANDARD NON

Citation: Regina v Steer [2006] NSWSC 1198
Court: Supreme Court of New South Wales
Date: 17 November 2006
Judge(s): Whealy J

Background

In the early hours of 14 February 2005, neighbours near a house in Taree noticed smoke and called the fire brigade. Firefighters discovered the badly burnt body of Warren Dickson, the occupant, in the main bedroom. A post-mortem revealed two severe neck wounds, either of which would alone have caused death, with the deceased likely losing his entire blood volume before the fire was set.

The offender, Brian James Steer, had been in a relationship with a woman who had recently begun spending time with the deceased. The offender discovered this new connection and, on the night of 13 February 2005, went to the deceased's home. He killed the deceased in the kitchen, dragged the body into the bedroom, and deliberately set fire to the house in an apparent attempt to conceal the crime. The offender then travelled to Queensland, where he was later arrested.

The offender pleaded guilty to armed robbery in relation to a separate but connected incident and was found guilty of murder. Sentencing proceeded before Whealy J.

  • Whether the objective seriousness of the murder warranted a non-parole period above the standard 20-year period prescribed under the Crimes (Sentencing Procedure) Act 1999
  • What weight should be given to the burning of the deceased's body as an aggravating factor in sentencing
  • What weight should be given to the absence of remorse in fixing the non-parole period
  • How the sentence for armed robbery should interact with the murder sentence, applying the principle of totality

Decision

Whealy J determined that the murder fell above the midrange of objective seriousness, having regard to the circumstances of the attack. The killing involved two distinct and catastrophic wounds to the neck, inflicted in a deliberate assault on a victim who had done nothing to provoke the offender other than attract the attention of the offender's partner.

The burning of the deceased's body was treated as a significant aggravating factor. The court found this conduct went beyond merely setting fire to the house to destroy evidence. It constituted a callous act directed at the body of the deceased himself, compounding the gravity of the offending. This factor, together with the absence of any genuine remorse on the offender's part, supported moving above the standard non-parole period of 20 years.

In fixing the non-parole period at 22 years, the court balanced those aggravating features against relevant mitigating factors, including the absence of any prior relevant criminal history and other personal circumstances. The court declined to treat the post-offence conduct (the attempt to flee and the trip to Queensland) as warranting further increase beyond what had already been reflected.

For the armed robbery, Whealy J imposed a fixed term of four years rather than a non-parole period and balance of term, relying on section 45 of the Crimes (Sentencing Procedure) Act 1999. This approach, combined with partial concurrency, reflected the principle of totality given the substantial sentence imposed for the murder.

Orders Made

  • Armed robbery (armed with an offensive weapon): fixed term of 4 years' imprisonment, commencing 23 February 2005, expiring 22 February 2009
  • Murder of Warren Leslie Dickson: non-parole period of 22 years, commencing 23 February 2007, expiring 22 February 2029 (parole eligibility date); balance of term of 7 years and 4 months, expiring 22 June 2036
  • Recommendation to prison authorities that a review of the offender's segregation order be conducted at the earliest opportunity

Key Takeaways

  • The Supreme Court held that burning the body of a murder victim constitutes a distinct aggravating factor in sentencing, separate from the general attempt to destroy evidence by arson.
  • A non-parole period above the 20-year standard can be warranted where the objective seriousness of the murder, combined with aggravating post-death conduct and absence of remorse, places the offending above the midrange.
  • Under section 45 of the Crimes (Sentencing Procedure) Act 1999, a fixed term of imprisonment is available for a lesser offence sentenced alongside a major offence, and may be appropriate where the primary sentence already contains a substantial non-parole period and balance of term.
  • Partial concurrency between sentences for connected offences reflects the totality principle, ensuring the aggregate sentence is proportionate to the overall criminality.
  • Absence of remorse, where genuinely established rather than merely inferred from a not-guilty plea, remains a relevant consideration in moving above a standard non-parole period.

Legislation and Cases Referenced

Legislation:
- Crimes (Sentencing Procedure) Act 1999 (NSW), including s 45 (fixed terms) and the standard non-parole period provisions for murder

Cases:
No cases were cited in the provided text.