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Supreme Court 27 May 2013

R v Matthews

[2013] NSWSC 659

Homicide
CRIMINAL LAW SENTENCING MURDER VICTIM'S PRE

Citation: R v Matthews [2013] NSWSC 659
Court: Supreme Court of New South Wales
Date: 27 May 2013
Judge(s): Mathews AJ

Background

The offender was convicted by jury of the murder of Scott Miller following a street fight near Taylor Square, Sydney, on 19 February 2011. The offender punched the deceased heavily in the face or head during an altercation. The deceased fell back, struck his head on an iron pedestrian railing, and collapsed. He was placed on life support at St Vincent's Hospital and died three days later on 22 February 2011.

Unknown to either party, the deceased had a pre-existing brain aneurysm. One of the impacts ruptured it, causing an immediate and severe brain haemorrhage. The fight occurred in a busy public area and thirteen eyewitnesses gave evidence, alongside CCTV footage, though accounts varied significantly.

The offender had also been subject to an intensive corrections order at the time of the offence, which he had breached by consuming alcohol. He had been in custody since 23 February 2011, though custody initially related to that breach rather than the murder charge itself.

  • What were the most likely facts surrounding the fatal confrontation, given conflicting eyewitness accounts?
  • Where did the offence fall on the scale of objective seriousness for murder?
  • What weight should be given to the deceased's pre-existing aneurysm as a mitigating factor?
  • What weight should be given to the offender's post-traumatic stress disorder (PTSD) at sentencing?
  • Whether special circumstances existed justifying a departure from the statutory ratio between the non-parole period and the balance of sentence?
  • What was the appropriate commencement date for the sentence, given the offender's time already in custody?

Decision

Mathews AJ undertook a careful assessment of the conflicting eyewitness accounts to establish the most likely factual basis for sentencing. Her Honour found that the two men had been exchanging punches shortly before the fatal blow, rather than the deceased being a purely passive victim as the most damning witness had suggested. That witness, a close friend of the deceased, was found to have coloured his account to favour the deceased, and his version was inconsistent with the majority of impartial witnesses and with the CCTV footage.

On objective seriousness, her Honour placed the offence at the lower end of the range for murder. The deceased's undetected brain aneurysm was a significant factor: the fatal outcome, while legally caused by the offender, was not one that could have been foreseen. The punch that ultimately caused death would not ordinarily have been expected to kill a person.

The offender's PTSD was treated as a relevant matter on sentence. Her Honour accepted that the offender suffered from this condition and that it was a mitigating factor, informing both moral culpability and the offender's need for ongoing support following release. The Crown's list of comparable sentences was noted, with the court acknowledging that each murder case turns on its own facts.

Special circumstances were found to exist, justifying a longer-than-statutory parole period. The offender's need for extended supervision, support, and assistance upon release supported this finding. The sentence was backdated to commence on 19 September 2011, the date from which custody directly related to the murder charge rather than the earlier breach of the corrections order.

Orders Made

  • The offender was sentenced to a total term of 16 years imprisonment for the murder of Scott Miller.
  • Non-parole period: 11 years, commencing 19 September 2011 and expiring 18 September 2022.
  • Balance of sentence: 5 years, commencing 19 September 2022 and expiring 18 September 2027.
  • Earliest eligible parole date: 18 September 2022.

Key Takeaways

  • A victim's pre-existing and undetected medical condition, where it materially contributed to the fatal outcome in a way that was not foreseeable, can be a mitigating factor in the objective assessment of a murder's seriousness.
  • Following Muldrock v The Queen (2011) 244 CLR 120, the standard non-parole period of 20 years for murder operates as a guidepost rather than a mandatory starting point, and departures are appropriate where the particular facts warrant them.
  • PTSD in an offender is a recognised relevant matter on sentence, capable of affecting the assessment of moral culpability and the determination of parole conditions.
  • Where conflicting eyewitness accounts exist, the sentencing court must determine the most likely factual basis consistent with the jury's verdict, rather than simply adopting the version most favourable to either party.
  • Special circumstances justifying departure from the statutory non-parole ratio can be established where an offender will require substantial supervision and support over an extended period following release.

Legislation and Cases Referenced

Legislation:
- Crimes Act 1900 (NSW)
- Crimes (Sentencing Procedure) Act 1999 (NSW)

Cases:
- Muldrock v The Queen (2011) 244 CLR 120