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Supreme Court 5 May 2017

R v Crickitt (No 2)

[2017] NSWSC 542

Homicide
CRIMINAL LAW SENTENCE ONE COUNT OF MURDER OFFENDER A DOCTOR VULNERABLE VICTIM EXTREME BREACH OF TRUST

Citation: R v Crickitt (No 2) [2017] NSWSC 542
Court: Supreme Court of New South Wales
Date: 5 May 2017
Judge: Hoeben CJ at CL

Background

The offender, a medical doctor, was convicted of murdering his wife on or about 1 January 2010, following a judge-alone trial. The verdict was returned in December 2016 (R v Crickitt [2016] NSWSC 1738), and this decision concerned sentencing for that murder.

The offender had been married to the deceased for approximately 19 years. In the period leading up to her death, the marriage had deteriorated badly. The offender was secretly involved in a romantic relationship with another woman and was planning a future life with her, while assuring his wife he remained committed to the marriage. The deceased held a life insurance policy worth more than half a million dollars.

The Crown established, through circumstantial evidence, that the offender conducted internet searches on insulin overdose, then fraudulently obtained a prescription for fast-acting insulin in a patient's name, administered a lethal dose of that insulin to his wife by injection on New Year's Eve 2009, and left the family home only once she was comatose or near death. The deceased was found on the floor next to her bed, having apparently collapsed from hypoglycaemia while trying to get up.

  • Whether the offending warranted a sentence of life imprisonment under s 61(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW)
  • Where the objective seriousness of the offence sat relative to the midrange for murder
  • What mitigating factors applied, including the offender's age, health, and prior good character
  • Whether special circumstances existed to justify altering the standard ratio between non-parole period and total sentence
  • The appropriate non-parole period and head sentence, taking into account the statutory standard non-parole period of 20 years

Decision

Hoeben CJ at CL declined to impose a life sentence, accepting that both the Crown and defence agreed the threshold under s 61(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW) was not met. Although the offending was undoubtedly serious, his Honour found the community interest in retribution, punishment, protection, and deterrence could be adequately served by a finite term. The offence was assessed as above the midrange of objective seriousness, though not as high as the Crown contended.

Several features aggravated the offending significantly: the victim was a vulnerable person in a position of trust toward the offender; the offender exploited his medical knowledge and professional access to obtain the means of killing; the murder involved careful premeditation over at least 48 hours; and the offender fraudulently used a patient's identity to obtain the lethal insulin. The breach of trust was described as extreme.

In mitigation, his Honour accepted the offender's prior good character, the absence of a criminal history, and that his age and health provided some mitigation of penalty. No guilty plea was entered and the offender maintained his innocence, meaning no discount for remorse or utilitarian value of a plea was available. The standard non-parole period of 20 years served as an important guidepost, particularly given the matter proceeded to verdict rather than plea.

His Honour found no basis for a special circumstances finding that would justify departing from the standard ratio between the non-parole period and total sentence. The judgment emphasised the need for general deterrence, particularly given the offender's status as a medical professional who misused the trust placed in him by a person in his care.

Orders Made

  • The offender was sentenced to imprisonment for 27 years.
  • Non-parole period of 20 years and 3 months, commencing 2 December 2016 and expiring 1 March 2037.
  • Balance of term of 6 years and 9 months, expiring 1 December 2043.
  • The offender is not eligible for parole before 1 March 2037.
  • The offender was warned of the potential application of the Crimes (High Risk Offenders) Act 2006 (NSW).

Key Takeaways

  • A medical practitioner's misuse of professional knowledge and access to commit murder constitutes an extreme breach of trust, treated as a significant aggravating factor in sentencing under the Crimes (Sentencing Procedure) Act 1999 (NSW).

  • Premeditation spanning at least 48 hours, including deliberate research into lethal methods and steps taken to conceal the offending, placed this murder above the midrange of objective seriousness, though not at the level warranting a life sentence.

  • Where no guilty plea is entered and the offender maintains innocence, no sentencing discount for remorse or the utilitarian value of a plea is available; the standard non-parole period carries particular weight in those circumstances.

  • General deterrence was identified as a weighty consideration in cases involving professionals who exploit the trust placed in them by victims to commit serious criminal acts.

  • The Supreme Court confirmed that age and health may provide some mitigation even in serious murder cases, but such factors do not automatically justify a finding of special circumstances altering the non-parole period to total sentence ratio.

Legislation and Cases Referenced

Legislation
- Crimes Act 1900 (NSW), s 19A (maximum penalty for murder)
- Crimes (Sentencing Procedure) Act 1999 (NSW), ss 21A(2)(cb), 21A(2)(eb), 21A(2)(k), 21A(2)(n), 28(4), 61(1)
- Crimes (High Risk Offenders) Act 2006 (NSW)
- Evidence Act 1995 (NSW), s 184

Cases
- R v Crickitt [2016] NSWSC 1738
- Fahs v Regina [2007] NSWCCA 26
- Jonson v R [2016] NSWCCA 286
- R v Hearne [2001] NSWCCA 37; 124 A Crim R 451
- R v Morabito (1992) 62 A Crim R 82
- Williams v R [2010] NSWCCA 15