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Supreme Court 18 December 2019

R v Edwards (No 3)

[2019] NSWSC 1815

HomicideDomestic & family violence
CRIME SENTENCE MURDER CONVICTION FOLLOWING JURY TRIAL OFFENDER’S POST MULTITUDE OF LIES

Citation: R v Edwards (No 3) [2019] NSWSC 1815
Court: Supreme Court of New South Wales
Date: 18 December 2019
Judge(s): R A Hulme J

Background

The offender, a retired school teacher aged 58 at the time of the offence, murdered his estranged wife of 33 years on the night of 14–15 March 2015 at her home in Grafton. The deceased had been attempting to end the marriage and had rekindled a relationship with a former partner. The offender was aware of this relationship and had made clear he was unwilling to accept the separation.

After the killing, the offender disposed of the deceased's body, which has never been found. He then engaged in an extensive course of deceptive conduct, including a series of lies to police and others designed to create the impression that he had no knowledge of what had happened to his wife.

The offender was convicted of murder following a jury trial. This decision concerned his sentence.

  • What was the appropriate objective seriousness of the offence, given that the precise means of killing and method of body disposal could not be established?
  • What weight should be given to the offender's post-offence conduct, including concealment of the body and sustained dishonesty?
  • What subjective factors were relevant to the sentence, including the offender's age, health, criminal history, and likelihood of reoffending?
  • Whether special circumstances existed to justify reducing the non-parole period below the statutory ratio.
  • What mandatory directions and notifications applied given the domestic violence context of the offence.

Decision

Hulme J found the objective seriousness of the offence to be marginally below the narrow mid-range of murder offending. The absence of evidence about how the deceased was killed and how her body was disposed of made precise assessment difficult. However, the court identified several aggravating features: the killing occurred in the deceased's home, the body was dumped and concealed, and the motive was the offender's refusal to accept that his wife had the right to determine her own life and relationships. The court found the offender had acted with intent to cause grievous bodily harm, though it could not determine he had intended to kill.

The offender's post-offence conduct was treated as a significant aggravating matter. He had fabricated accounts, told a "multitude of lies," and taken steps to obscure his involvement. The court noted this conduct compounded the harm suffered by the deceased's family, who have been denied the opportunity to find and bury her remains.

On subjective factors, the court found no evidence of any mental condition affecting the offender's functioning at the time of the offence. There was no remorse. Although the offender had some prior criminal history and physical and mental health issues, these were of limited mitigating weight. The court accepted that, given the offender's likely advanced age upon release, he was unlikely to reoffend, but noted this factor carried limited significance compared with cases where an offender has greater capacity to reoffend.

The court declined to find special circumstances justifying a reduction in the non-parole period. Hulme J emphasised the particular importance of punishment, denunciation, and deterrence in murders committed in a domestic violence context, reflecting community condemnation of such offending.

Orders Made

  • The offender was convicted of the murder of the deceased.
  • Sentenced to a non-parole period of 18 years and a balance of term of 6 years, for a total sentence of 24 years, commencing 20 June 2017.
  • The offender will be eligible for release on parole on 19 June 2035.
  • Pursuant to s 12(2) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW), the offence was directed to be recorded on the offender's criminal history as a domestic violence offence.
  • The offender's legal representatives were requested to advise him of the existence and application of the Crimes (High Risk Offenders) Act 2006 (NSW).

Key Takeaways

  • Where the precise circumstances of a killing cannot be established due to the offender's concealment, a sentencing court may still assess objective seriousness by reference to the available evidence of motive, intent, and post-offence conduct.
  • The concealment of a victim's body and sustained deception following a murder are treated as significant aggravating factors, particularly because they compound the harm to the victim's family by denying them the ability to recover and bury remains.
  • A motive rooted in the offender's refusal to accept a spouse's right to end a marriage and pursue an independent life was identified as a specific and serious feature of the offending in this domestic violence context.
  • Under s 12(2) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW), recording a murder on an offender's criminal history as a domestic violence offence is mandatory where the offence falls within that legislative framework.
  • An assessment that an offender is unlikely to reoffend carries reduced sentencing weight where the assessed low risk flows primarily from the offender's advanced age at the time of anticipated release, rather than from genuine rehabilitation or reduced capacity for harm.

Legislation and Cases Referenced

Legislation
- Crimes (Domestic and Personal Violence) Act 2007 (NSW), s 12(2)
- Crimes (High Risk Offenders) Act 2006 (NSW), s 25C(11)
- Firearms Act 1996 (NSW), s 51D(2)

Cases
- R v Keith Owen Goodbun [2018] NSWSC 1025