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Supreme Court 25 October 2013

R v Lockett

[2013] NSWSC 1555

Homicide
CRIMINAL LAW SENTENCING MURDER PARITY FINDING OF SPECIAL CIRCUMSTANCES

Citation: R v Lockett [2013] NSWSC 1555
Court: Supreme Court of New South Wales
Court: Supreme Court of New South Wales
Date: 25 October 2013
Judge: Price J

Background

A jury found Samuel Lockett guilty of the murder of Wallace Ruiz-Sanchez, who died on 12 October 2010 after being struck on the head with a shotgun that discharged, causing a fatal wound. Lockett was one of five men involved in the incident. Carl Brown was separately convicted of murder by a jury, while three others (Barnes, Trawin-Hadfield, and Tuivaga) pleaded guilty to manslaughter, which the Crown accepted in satisfaction of the murder charges against them.

The five men had travelled together to the deceased's home in Mt Pritchard. Brown had obtained a firearm before arriving. Witnesses, including the deceased's partner, gave evidence that Lockett struck the deceased on the head with the shotgun, which then discharged and caused death. The gun was never recovered.

Sentencing remarks were delivered separately for each offender. The parity principle, which requires that sentences for co-offenders reflect consistency in light of their relative culpability, was a central consideration across the proceedings.

  • What sentence was appropriate for Lockett's role in the murder, having regard to the standard non-parole period of 20 years and the maximum penalty of life imprisonment?
  • Whether the facts supported a finding that Lockett knew before the attack that the weapon was a firearm, and whether the attack was planned.
  • Whether special circumstances existed justifying a departure from the standard ratio between the non-parole period and the balance of term.
  • How the parity principle applied as between Lockett and his co-offender Brown, who had also been convicted of murder but had a distinct criminal history and different subjective circumstances.

Decision

Price J found that Lockett struck the deceased once with the shotgun, accepting the evidence of the two eyewitnesses closest to the verandah and declining to find beyond reasonable doubt that there was more than one blow. His Honour was not satisfied beyond reasonable doubt that Lockett knew the weapon was a firearm before it discharged, distinguishing his culpability from that of Brown, who had carried the gun to the scene.

On subjective circumstances, Price J found that Lockett had no prior offences involving violence, showed limited remorse, was unlikely to reoffend, and had good prospects of rehabilitation. These factors distinguished him from Brown, for whom greater weight was given to personal deterrence and community protection. Victim impact statements were received from the deceased's partner, mother, and sister, though the court noted they could not be used to increase the sentence.

Special circumstances were found to exist, specifically Lockett's need for psychiatric, drug, and alcohol counselling upon release. This justified a variation in the standard statutory ratio between the non-parole period and the balance of term. The non-parole period of 13 years was assessed as the minimum period required to reflect the criminality involved.

Orders Made

  • Lockett convicted of the murder of Wallace Ruiz-Sanchez.
  • Sentenced to 18 years imprisonment, comprising:
  • Non-parole period of 13 years commencing 18 November 2010, expiring 17 November 2023.
  • Balance of term of 5 years commencing 18 November 2023, expiring 17 November 2028.
  • Earliest parole eligibility date: 17 November 2023.
  • Defence counsel directed to advise Lockett of the existence and application of the Crimes (High Risk Offenders) Act 2006.

Key Takeaways

  • The Supreme Court applied the two-guidepost framework from Muldrock v The Queen, treating both the standard non-parole period of 20 years and the maximum penalty of life imprisonment as reference points when assessing the appropriate sentence for murder.

  • Parity principles extend beyond co-offenders charged with identical offences. Under Green v The Queen and Jimmy v R, parity may be considered across all participants in the same criminal enterprise, regardless of the charges ultimately laid, though the courts have acknowledged the practical difficulties this can create.

  • Where co-offenders are convicted of the same offence, differences in sentence can still be justified by materially distinct subjective circumstances. Here, the absence of a violent prior criminal record, findings of limited remorse, and a positive rehabilitation prognosis supported a lower sentence for Lockett compared to Brown.

  • Special circumstances under the Crimes (Sentencing Procedure) Act 1999 can be established by a demonstrated need for structured post-release supervision, including psychiatric, drug, and alcohol counselling, justifying a longer balance of term relative to the non-parole period.

  • Victim impact statements are received and acknowledged, but consistent with R v Previtera, they cannot operate to increase the sentence imposed.

Legislation and Cases Referenced

Legislation
- Crimes (Sentencing Procedure) Act 1999 (NSW), including ss 21A(2)(j) and 21A(3)(g)-(i)
- Crimes (High Risk Offenders) Act 2006 (NSW)

Cases
- Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120
- Green v The Queen [2011] HCA 49; (2011) 244 CLR 462
- Jimmy v R [2010] NSWCCA 60; (2010) 77 NSWLR 540
- Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194; 79 NSWLR 1
- R v Simpson [2001] NSWCCA 534; (2001) 53 NSWLR 704
- R v Isaacs (1997) 41 NSWLR 374
- R v Pilley (1991) 56 A Crim R 202
- R v Previtera (1997) 94 A Crim R 76
- R v Lockett [2013] NSWSC 859