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Supreme Court 17 June 2011

R v Ryan Christopher WILLIAMS

[2011] NSWSC 583

Homicide
CRIMINAL LAW SENTENCE MURDER PLEA OF GUILTY OBJECTIVELY SERIOUS OFFENCE AGGRAVATING FACTORS

Citation: R v Ryan Christopher Williams [2011] NSWSC 583
Court: Supreme Court of New South Wales
Date: 17 June 2011
Judge(s): Schmidt J

Background

The offender pleaded guilty to the murder of a young woman at Corowa on 18 September 2009. The victim was killed by a combination of blows from a shovel and asphyxiation. After her disappearance was reported, the offender initially misled police and even participated in a search party before confessing to the killing on 24 September 2009, directing police to the burial site.

The offender was 21 years old at the time of the offence and had no prior criminal record. He and the victim had previously been in a relationship. On the night of the killing, the victim had contacted him and, according to his account, indicated she wanted to resume the relationship, which he declined.

The sentencing hearing proceeded in May 2011. The offender did not give evidence. He had provided two brief accounts of the circumstances, one to police and one to a psychiatrist, and those accounts were inconsistent with each other.

  • Whether the offence fell above, at, or below the mid-range of objective seriousness for murder, relative to the standard non-parole period of 20 years
  • Whether provocation was established as a mitigating factor
  • What discount should apply for the utilitarian value of the guilty plea
  • Whether special circumstances existed to justify a departure from the statutory one-third balance of term
  • How to weigh the aggravating and mitigating factors, including the offender's youth, absence of prior convictions, and the circumstances of the killing

Decision

Schmidt J found the offence fell above the mid-range of objective seriousness. The court identified several aggravating features: the victim was vulnerable, having been drinking and in a distressed emotional state; the offender had lured her from her home under false pretences; he actively misled police and participated in the search while knowing where the body was buried; and the killing involved sustained and deliberate violence.

On provocation, the court declined to find that provocation was established as a mitigating factor. The offender's own accounts were inconsistent and his conduct before, during, and after the killing did not support a finding that he acted under provocation. The court noted that even if the victim had proposed resuming their relationship, that would not constitute provocation capable of reducing the gravity of the offence.

The court accepted a 25 per cent utilitarian discount for the guilty plea, which had been entered at an early stage in the Local Court and maintained consistently. Without the plea discount, the head sentence would have been 29 years. With the discount applied, the sentence became 21 years and 9 months.

No special circumstances were found to justify extending the balance of term beyond the statutory one-third ratio. The court extended its sympathies to the victim's family and noted that a victim impact statement, though delivered with evident emotion, could not be taken into account in fixing the sentence, in accordance with established authority.

Orders Made

  • The offender was convicted of murder.
  • Head sentence of 21 years and 9 months imprisonment.
  • Non-parole period of 16 years, 3 months and 23 days, commencing 24 September 2009 and expiring 15 January 2026.
  • Balance of term of 5 years, 5 months and 8 days, commencing 16 January 2026 and expiring 23 June 2031.
  • Eligible for release on parole on 16 January 2026.

Key Takeaways

  • The Supreme Court confirmed that the standard non-parole period of 20 years for murder under the Crimes (Sentencing Procedure) Act 1999 anchors the sentencing exercise for offences at the mid-range of objective seriousness, with the court moving above or below that benchmark based on the particular facts.
  • Provocation as a mitigating factor requires a consistent and credible factual foundation. Where the offender's accounts are contradictory and his conduct surrounding the killing is inconsistent with a loss of control, a claim of provocation will not be accepted.
  • A 25 per cent utilitarian discount was applied for an early guilty plea entered in the Local Court and maintained throughout the proceedings, consistent with the approach in cases such as R v Dodd and Alvares v R.
  • Post-offence conduct, including deliberately misleading police and participating in a search party while concealing the victim's location, is a relevant aggravating consideration in fixing the sentence.
  • Under the authority established in R v Previtera (1997) and confirmed in R v Tzanis [2005], an unsworn and untested victim impact statement cannot be taken into account when imposing sentence, even where it is delivered with evident sincerity.

Legislation and Cases Referenced

Legislation:
- Crimes (Sentencing Procedure) Act 1999 (NSW), ss 44(2), 54A

Cases:
- Power v The Queen [1974] HCA 26; (1974) 131 CLR 623
- R v Previtera (1997) 94 A Crim R 76
- R v Dodd (1991) 57 A Crim R 349
- Alvares v R; Farache v R [2011] NSWCCA 33
- Aoun v R [2007] NSWCCA 292
- MLP v The Queen [2006] NSWCCA 271; (2006) 164 A Crim R 93
- Mulato v R [2006] NSWCCA 282
- Nguyen v The Queen; ATCN v The Queen; Huynh v The Queen [2007] NSWCCA 363; (2007) 180 A Crim R 267
- R v AJP [2004] NSWCCA 434; (2004) 150 A Crim R 575
- R v AZ [2011] NSWCCA 43
- R v Borg [2010] NSWSC 951
- R v Day [2010] NSWSC 983
- R v Fletcher-Jones (1994) 75 A Crim R 381
- R v Gordon (1994) 71 A Crim R 459
- R v Kwon [2010] NSWSC 67
- R v McEvoy [2010] NSWCCA 110
- R v Mendez [2002] NSWCCA 415
- Regina v Prior [2002] NSWSC 56
- R v Scott [2005] NSWCCA 152
- R v Shepherd [2007] NSWSC 1416