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Supreme Court 14 July 2023

R v Vella (Sentence)

[2023] NSWSC 831

HomicideFirearms & weaponsDomestic & family violence
CRIME SENTENCE AFTER TRIAL VERDICT OF GUILTY TO CHARGE OF MURDER SHOOTING DOMESTIC VIOLENCE OFFENCE OFFENDER SUFFERING FROM DEPRESSION

Citation: R v Vella (Sentence) [2023] NSWSC 831
Court: Supreme Court of New South Wales
Date: 14 July 2023
Judge(s): Wilson J

Background

The offender, Dale Vella, was convicted by a jury of murdering her husband, Mark Vella, on 9 August 2021 at the family home in Murrumbateman, New South Wales. The jury returned its verdict on 21 April 2023 following a trial that began on 11 April 2023.

The facts of the killing were not in significant dispute. After other members of the household had gone to bed, the offender retrieved a double-barrelled shotgun and cartridges from a gun safe in the garage, loaded the weapon, and shot her sleeping husband at close range. Mr Vella was killed instantly. A close friend of the deceased discovered the offender at her bedroom door shortly afterwards, when she told him she had shot her husband and had intended to shoot herself.

The partial defence of substantial impairment by abnormality of mind was raised at trial but rejected by the jury. The offender was sentenced on the same day the verdict was returned.

  • What sentence was appropriate for murder, having regard to the applicable standard non-parole period of 20 years under the Crimes (Sentencing Procedure) Act 1999 (NSW)?
  • What facts could be found for sentencing purposes, and to what standard, consistent with the principles in R v Isaacs?
  • Whether the offender's mental health, including a diagnosis of depression and claimed post-traumatic stress disorder, constituted a mitigating factor at sentence?
  • Whether special circumstances existed to justify a parole period beyond the statutory proportion?
  • What weight, if any, should be given to claimed domestic violence as context for the offending?

Decision

Wilson J applied the fact-finding principles from R v Isaacs, noting that facts adverse to an offender must be established beyond reasonable doubt, while matters favourable to the offender need only be established on the balance of probabilities. Her Honour found the physical circumstances of the killing were clearly established by the evidence. The motive for the killing, however, could not be determined and may never be known.

The offender told police and prison intake officers differing accounts. She initially said she did not know why she turned the gun on her husband rather than herself, and separately claimed psychological abuse during the marriage. Her daughter, Georgia Vella, disputed the suggestion of abuse at the time. Her Honour noted the offender's accounts were inconsistent and not established on the evidence.

On the question of mental health, the court preferred the evidence of Dr Eagle over that of Dr Taylor. Dr Eagle concluded that any psychiatric symptoms had resolved. Dr Taylor's diagnosis of PTSD and depressive disorder was found to be undermined by its heavy reliance on the offender's own claims, which were exaggerated and unsupported by credible evidence. The court accepted the offender had some anxiety and depressed mood consistent with her circumstances, but this did not constitute significant mitigation.

The court declined to find special circumstances warranting a parole period beyond the statutory proportion. Her Honour reasoned that the statutory parole period would be sufficient to support the offender's return to community life, particularly given her otherwise law-abiding history.

Orders Made

  • The offender was sentenced to 24 years imprisonment, commencing 9 August 2021 and expiring 8 August 2045.
  • A non-parole period of 18 years was fixed, expiring 8 August 2039.

Key Takeaways

  • Where a jury rejects a partial defence of substantial impairment, the sentencing court may still consider mental health evidence, but is not bound to accept expert diagnoses that rely heavily on an offender's own unsubstantiated claims.
  • Fact-finding at sentencing is governed by a dual standard: adverse findings require proof beyond reasonable doubt, while favourable findings need only satisfy the civil standard on the balance of probabilities.
  • The motive for an offence is not always determinable, and Wilson J declined to sentence on the basis of any particular motive where the evidence did not establish one.
  • A sentence of 24 years with an 18-year non-parole period was imposed for a domestic violence murder involving a deliberate shooting of a sleeping spouse, where the applicable standard non-parole period was 20 years.
  • No finding of special circumstances was made where the statutory parole period was considered adequate to facilitate reintegration, and there was no basis to conclude the offender would struggle to resume a law-abiding life upon release.

Legislation and Cases Referenced

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

Cases
- Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39
- R v Isaacs (1997) 41 NSWLR 374; 90 A Crim R 587
- R v Alkanaan (No 7) [2015] NSWSC 904
- R v Cadman [2019] NSWSC 634
- R v Clark [No 3] [2008] NSWSC 795
- R v Fredes [2020] NSWSC 1332
- R v Miller (No 2) [2022] NSWSC 1347
- R v Ronald Edward Medich (No 43) [2018] NSWSC 886
- R v Tran (No 3) [2022] NSWSC 1661
- R v White [2023] NSWSC 193