Citation: R v Sione; R v Dawson [2024] NSWSC 846
Court: Supreme Court of New South Wales
Date: 12 July 2024
Judge: R A Hulme AJ
Background
Following a judge-alone trial, two offenders were convicted of murdering a 16-year-old boy, Jason Galleghan, who died on 6 August 2021 after a violent group assault at a residential property in Doonside, NSW, two days earlier. The assault was premeditated: Jason had been accused of stealing AirPods from one of the offenders, and he was deliberately lured to the property to be "bashed" as punishment or retribution.
The adult male offender, aged 32 at the time, was the dominant figure in the group and delivered the initial violent assault in a bedroom of the house. The adult female offender, aged 19, was the occupant of the house and was centrally involved in planning the attack, watching, recording, and at one point transmitting footage of the assault. Five juveniles aged 13 to 15 also participated directly in the assault.
The assault was recorded on video and posted to social media. Jason sustained multiple blunt force injuries and died in hospital two days later.
Legal Issues
- What sentences were appropriate for each offender, given the nature of the murder and their respective levels of participation?
- Whether a life sentence was warranted for the male offender.
- Whether the female offender's moral culpability was reduced by reason of intellectual disability or cognitive impairment, and whether the partial defence of substantial impairment had any residual relevance to sentencing.
- Whether parity between co-offenders' sentences was a relevant consideration.
- Whether special circumstances existed to justify varying the standard non-parole period proportions.
Decision
The court rejected the submission that a life sentence was appropriate for the male offender. While his offending was assessed as objectively very serious, with high or the highest moral culpability, the court found that the statutory threshold for a life sentence was not met. His significant criminal history was taken into account as an aggravating factor, and there were few subjective matters capable of mitigating the sentence in his favour. No special circumstances were found in his case, and his non-parole period was set at no less than the standard statutory proportion.
The female offender's sentence reflected materially reduced moral culpability. Both she and her partner have an intellectual disability, and neuropsychological and psychiatric evidence was accepted as relevant to her culpability, even though the partial defence of substantial impairment had not succeeded at trial. Her background of early disadvantage and cognitive impairment were taken into account as mitigating factors under the principles from Bugmy v The Queen.
Parity between co-offenders was considered. The court acknowledged the need for sentences to be consistent across the several offenders dealt with in related proceedings, while recognising that the male offender occupied a more dominant psychological position within the group, was significantly older, and bore greater objective and moral responsibility than the juveniles and the female offender. Special circumstances were found in the female offender's case, with the court accepting she would require an extended period of parole supervision following release.
Both offenders were informed that the Crimes (High Risk Offenders) Act 2006 (NSW) had potential application to them.
Orders Made
- Richard Sione: convicted of murder; sentenced to a total of 32 years imprisonment, comprising a non-parole period of 24 years and a balance of term of 8 years, commencing 4 October 2021; eligible for parole on 3 October 2045.
- Kayla Dawson: convicted of murder; sentenced to a total of 20 years imprisonment, comprising a non-parole period of 13 years and a balance of term of 7 years, commencing 8 August 2021; eligible for parole on 7 August 2034.
- Psychiatric and neuropsychological reports to be forwarded to Corrective Services NSW for each offender.
Key Takeaways
- A life sentence for murder requires the court to be satisfied it is warranted in all the circumstances; here, despite highly serious objective offending, the threshold was not met for the principal adult male offender.
- Under Bugmy v The Queen, the effects of profound early disadvantage and cognitive impairment on moral culpability are taken into account at sentencing and do not diminish in relevance simply because a partial defence was not made out at trial.
- Parity between co-offenders sentenced for the same murder requires meaningful differentiation based on the degree of participation, age, psychological dominance, and individual subjective circumstances.
- Special circumstances justifying a departure from the standard non-parole period proportion may be found where an offender with cognitive impairment or intellectual disability will require extended parole supervision to monitor reintegration into the community.
- Where the victim of a murder is a child, the standard non-parole period under NSW law is 25 years, setting a benchmark from which the court may depart based on all relevant sentencing factors.
Legislation and Cases Referenced
Legislation:
- Crimes Act 1900 (NSW), s 23A (substantial impairment partial defence)
- Crimes (High Risk Offenders) Act 2006 (NSW)
- Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 21(1), 61(1)
Cases:
- Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37
- BE v R [2024] NSWCCA 100
- R v AD [2024] NSWSC 444
- R v BE [2023] NSWSC 1007
- R v BL [2024] NSWSC 51
- R v TB [2024] NSWSC 447
- R v Sione; R v Dawson [2024] NSWSC 378 (verdict judgment)