1 John Myles Sharpe, you have pleaded guilty to two counts of murder.
It is now the duty of this Court to sentence you according to law.
2 The purpose of these
sentencing remarks is essentially twofold.
Their first purpose is so that you will
fully understand the reasons for the
sentence the Court is about to impose upon
you. Their second purpose is so that the
community which you have grievously injured
and in whose name you will be imprisoned may
be informed of the full extent of your
offending and of the details of the sentence
imposed upon you according to the law of
this State. As your plea of guilty has
obviated the necessity for a trial, it is
important that the details of these crimes
be placed on the public record even though,
as your counsel has properly conceded, they
are perhaps, for many, too awful to
contemplate.
3 You were born on 28
February 1967 in Mornington and grew up in
that area. When you were 27, you met Anna
Marie Kemp, a New Zealander, who was then
aged about 31. You both worked at the
Commonwealth Bank. You married Anna Kemp in
October 1994 and between then and the time
of the dreadful events which have brought
you before this Court you lived with her at
various addresses in the Mornington
Peninsula area.
4 In August 2002 a baby
girl, Gracie Louise Sharpe, was born.
Unfortunately, shortly after her birth, she
was found to be suffering from a congenital
abnormality in her hips which required
orthopaedic treatment by way of a corrective
harness for the first three months of her
life. Although it was expected that she
would experience no long term problems
associated with her abnormality, she was, in
her first few months at least, somewhat
unsettled. She cried often and had
difficulty sleeping, which situation
appeared to place some strain on your
relationship with your wife. Even after
Gracie’s orthopaedic harness was no longer
required she still had difficulties in
feeding and sleeping for which Anna sought
professional assistance. In November 2002,
she attended Hillview Maternity Unit of
Peninsula Health complaining of being unable
to cope and of feeling anxious. Subsequently
she had three in-patient admissions for
respite with Gracie to try to establish
regular sleeping and eating patterns and to
allay her own anxiety.
5 In September 2003, you
and Anna purchased a house at 116 Prince
Street, Mornington, and in about November of
that year, she became pregnant again. You
later told police investigators that this
pregnancy came as a surprise to you.
6 Some time before you
moved to Prince Street with Anna and Gracie
you purchased a high powered spear gun from
a sports shop known as Sport Phillip Marine
in Mornington. Although the actual date of
this purchase is unknown, it is clear that
it was in your possession prior to 6
February 2004, that is to say some 61/2
weeks before it was used to murder your wife
and daughter. Although the spear gun was
usually sold with one spear, you bought a
second spear at the same time as you
purchased the gun. You paid cash for this
transaction, leaving no trace of its having
occurred.
7 After you bought the
spear gun, you kept it at your then home at
Spinnaker Rise, Mornington, where, on at
least one occasion, you test fired it in the
backyard in order to become familiar with
its operation. You had never been interested
in spear fishing and had no apparent use for
this powerful weapon. You later told
investigators that you were having thoughts
of killing your wife at the time you
purchased it, and that that was why you had
done so. Shortly after purchasing the spear
gun you moved to your new home in Prince
Street.
8 On the evening of 19
March 2004, a female friend of your wife
stayed the night in your new home. She
noticed nothing untoward in your
relationship with your wife and subsequently
described her as having appeared happy.
9 On Sunday, 21 March
2004, you, Anna and Gracie went on the
Mornington to Moorooduc steam train with
other members of your family for a picnic to
celebrate a nephew’s birthday. Again,
nothing untoward in your behaviour or that
of your wife was noticed by any of the many
people present.
10 On Monday, 22 March
2004, Anna took Gracie to her childcare
centre in Mornington and returned for her at
noon. On the same morning she telephoned her
mother in New Zealand. Anna gave no
indication at the childcare centre nor to
her mother that anything was wrong. Again,
during the same afternoon, she arranged to
meet a friend on the following Friday, 26
March. She noted this appointment on a
calendar she kept for such purposes at your
home.
11 At 8.24pm on the
evening of 22 March 2004, another friend of
your wife telephoned her at home and had a
long, and apparently normal, conversation
with her. The following day, at about
2.00pm, Anna phoned her private health
insurance fund and enquired as to adding her
unborn baby to her health cover. That
mundane matter of personal business was the
last known interaction between your wife and
another adult human being, apart from you,
before her death.
12 The only account of
the events immediately surrounding your
wife’s death and that of Gracie comes from
what you eventually told police
investigators. That the most important parts
of your account are true may be confidently
accepted even if there may be some doubt
about matters of detail. It is with some
concern that I recount these events but, for
the reasons already advanced, it is
important that they be placed on the public
record.
13 You told police that
it is probable that on the evening of
Tuesday, 23 March you and Anna argued,
although you could not recall any specific
subject of such argument. You both went to
bed at about the same time, between about 9
and 10 o’clock. Anna went to sleep but you
did not. You lay awake next to her, brooding
on what you regarded as your unhappy
marriage. You had thoughts of killing her.
After entertaining these thoughts for some
indeterminate time you went to the garage,
retrieved the spear gun which you had
earlier bought and loaded it with one of the
spears you bought with it. You returned to
your bedroom and shot your wife in the left
temple with the spear gun from a distance of
but a few centimetres. She did not stop
breathing so you fired a second spear into
her head, in the same area as the first.
This action killed her. You immediately
covered your wife’s body with towels so that
you would not have to look at her, closed
the bedroom door and went downstairs to
sleep on a foldout sofa bed. During this
whole dreadful episode Gracie was asleep in
another room.
14 The next day, you
attempted to remove the spears from your
wife’s head. Being unable to do so, you
unscrewed their shafts leaving the spear
heads embedded where they were. You later
buried your wife’s body in a shallow grave
in the backyard and commenced to act out an
increasingly elaborate charade to cover your
participation in this crime. This deception
lasted for three months until you finally
confessed to police on 22 June.
15 The story you invented
to explain Anna’s disappearance involved a
pretence that she had left you for another
man. To add verisimilitude to it you engaged
in activities, many of which were extremely
callous, to mislead others, particularly
your wife’s family, as to the truth.
16 The day after your
wife’s death, you took Gracie to and
collected her from her childcare centre. You
lied to a TV serviceman who came to your
house to prevent him finding your wife’s
body which, at that stage, was still in the
bedroom.
17 On the following day,
25 March 2004, you told two of your wife’s
friends that she had left you but could be
contacted on her mobile phone. You did not
take Gracie to childcare that day, but on
the following day, the Friday, you did and
told the staff there that as you and your
wife had separated, she would not be
attending again. You telephoned your
mother-in-law in New Zealand in response to
messages she had left for your wife on your
answering machine. You told her that Anna
had left you for another man on the previous
Tuesday and that you did not know where she
was. You said that you expected her to
return to collect Gracie on the following
Sunday.
18 In fact, as you later
told police, from the moment you killed your
wife you began to have thoughts that you
would have to kill Gracie to maintain your
façade of innocence with respect to Anna’s
murder. Indeed, at some time between your
wife’s death and the time you actually
killed your daughter, you took her with you
to Sport Phillip Marine whilst you purchased
another spear for the spear gun. There could
have been only one reason for that purchase,
which was carried out in circumstances of
unspeakable callousness.
19 On the evening of 27
March 2004, according to your own account,
you put Gracie to sleep in her cot and then
drank a number of glasses of whisky and Coke
to numb your senses to enable you to carry
out your intention of killing your own baby
daughter. At about 9.00 or 10.00pm, you
retrieved the spear gun from the garage and
loaded it with the newly acquired spear. You
went to Gracie’s bedroom where she slept in
her cot and fired the spear gun at her head.
You may have closed your eyes before you did
so. The spear struck her head on the left
side and penetrated her skull. But Gracie
did not die. She screamed loudly with the
spear still embedded in her skull. You told
police that you then went downstairs and
retrieved the two spear shafts which you had
removed from your wife’s head earlier that
week. You returned to Gracie’s bedroom and,
using the spear gun, fired these two steel
rods into her head; but even these further
assaults did not achieve your purpose, so
you pulled the first spear from your
daughter’s head and fired it again. Only
then did this defenceless child die.
20 You returned to
Gracie’s bedroom the next morning and pulled
the spears from her head whilst holding a
towel in front of your face, as you could
not bear to look upon the child you had so
cruelly killed. You wrapped her body in
garbage bags and a tarpaulin and bound her
with black duct tape. You then disposed of
her body at the Mornington refuse transfer
station, discarding at the same time the
spear gun, the spears and some of her
clothes and toys.
21 Over the following
week you systematically disposed of various
items of property associated with Gracie by
taking them to the transfer station. Thus
you continued the deception you had already
begun and which you maintained over
succeeding weeks to create and maintain the
impression that your wife had left and had
subsequently taken Gracie with her.
22 On the day you
disposed of Gracie’s body you phoned your
mother-in-law and told her that Gracie was
now with Anna in a "bigger and better
place." You also made a call using Anna’s
mobile phone and made the first of several
withdrawals from her bank account at an ATM
in Chelsea using her card. Between then and
15 May 2004 you made a number of calls using
Anna’s mobile phone to maintain the
impression that she was still alive.
23 On 29 March 2004, you
created a false email using Anna’s name and
email address and sent it to her brother in
New Zealand. This email set out the scenario
you invented to explain her failure to
contact her family. It sought to create the
impression that she had ended her marriage
to you to be with another man to whom she
was pregnant, and that she was well and
happy, as was Gracie. Far from allaying the
Kemp family’s fears, this email heightened
them. Anna’s mother reported her daughter as
a missing person to police in Dunedin.
Subsequently you assured a New Zealand
police officer in a phone call that Anna had
left with Gracie and was living in the
Chelsea area. You gave the police officer
Anna’s mobile phone number.
24 On Monday, 29 March
2004, you went to Bunnings hardware store in
Frankston and bought a roll of duct tape,
two poly tarps and an 1800w Homelite
electric chain saw. A day or so later you
exhumed your wife’s body from its burial
place in your backyard and, using the chain
saw, cut the body into three pieces, wrapped
those pieces and disposed of them, the chain
saw and everything else you had used, by
depositing them at the Mornington transfer
station. From there they were taken, in the
course of the transfer station’s operations,
to a landfill site elsewhere on the
Mornington Peninsula.
25 Over the succeeding
days and weeks you disposed of the blood
stained mattress from your bedroom, wrote
letters to Anna’s friends and sent false
emails to family members. You arranged for
flowers to be sent to your mother-in-law as
if from your wife, with greetings for her
birthday and Mother’s Day.
26 Meanwhile, Anna’s
family became very concerned for her welfare
and on 20 May 2004, New Zealand police
requested Victoria Police to conduct
enquiries into the apparent disappearance of
Anna Kemp and her daughter, Gracie. The same
day police from Mornington attended at your
home and spoke to you. You told them that
your wife had left on 23 March and that she
had returned and collected Gracie the
following weekend. You said you believed
they were living in the Chelsea area but did
not know the actual address. She had
returned to Mornington a number of times,
you said, to collect clothing and personal
belongings. You made a written statement to
police denying any involvement in Anna’s
disappearance or that of Gracie.
27 In your statement you
said that you and your wife had experienced
marital disharmony for some time before she
left and that eventually she told you that
she wanted to separate and that there was
another man to whom she was pregnant. You
said this conversation occurred on the
Tuesday after you, Anna and Gracie had been
on the steam train family outing. This day
was, of course, as you later confessed, the
day you killed your wife.
28 You said that on the
same night Anna left your home she took
various personal items with her and that she
left in a car with someone else. You said
she did not take Gracie but said she would
come back for her. Your statement went on to
detail how she returned the following
weekend and took Gracie away with her and
that you had only seen them on about three
occasions since.
29 Covert surveillance of
your activities by police over subsequent
days led to their observing you retrieving a
credit card from a plastic bag hidden in
bushes near a toilet block in Mornington.
You were also observed discarding possibly
incriminating material in a garbage bin at
Mount Martha, a bayside beach not far away.
30 In late May you
allowed yourself to be interviewed on
television more than once. These interviews
were widely broadcast and reported in
newspapers. You spoke about the
disappearance of your wife and daughter,
expressed concern for Gracie and said that
you had spoken to Anna about a week earlier.
You denied to journalists that you had
harmed either of them. Thus you extended the
fraud you had already perpetrated on Anna’s
family and friends to the wider Victorian
community.
31 On 10 June, you were
again interviewed by police at Mornington by
way of a long recorded interview. You
maintained your story that Anna had left
voluntarily on 23 March.
32 On 22 June, you were
arrested by police and again interviewed,
this time at the Homicide Squad at St Kilda
Road. Two interviews were conducted. In the
first, you continued to deny your
involvement in your wife and daughter’s
disappearance. However, after speaking to
your family after this interview, you were
interviewed again and admitted to both
murders.
33 In the second of your
interviews on 22 June, you said that your
marriage was unhappy, and that your wife was
controlling and moody. You claimed she came
between you and your family and siblings and
prevented you from seeing them as often as
you would have liked. Whether such claims
have any truth or not now matters not at all.
Anna cannot deny them. They provide neither
justification nor excuse for anything that
you have done.
34 Over a period of three
weeks late in June and July 2004, an
extensive search of a landfill site on the
Mornington Peninsula where refuse from the
Mornington transfer station was dumped was
undertaken by a large number of police and
other searchers. The remains of both Anna
and Gracie were found and subsequent
pathology examination at the Victorian
Institute of Forensic Medicine largely
corroborated your confession as to how they
died and how you disposed of their bodies.
35 Your family
background, which can be gleaned both from
various witness statements and from what you
told Mr Ian Joblin, a forensic clinical
psychologist who examined you for the
purpose of giving evidence before this Court,
was unremarkable. Your parents are alive as
are your four older sisters and a younger
brother. None have any criminal or anti-social
histories. Your parents, now retired, were
shopkeepers in Mornington.
36 You acknowledged to Mr
Joblin that your childhood and early adult
years were marked by social problems. You
were not particularly happy at school and
had few friends. You completed Year 12,
although you did not pass the examinations.
37 Upon leaving school,
you were employed by the State Bank and
subsequently by the Commonwealth Bank. You
remained in that employment until 2002, when
you resigned to go into a conveyancing
business with a somewhat older friend with a
view to taking over the business upon his
retirement. Coincidentally, your leaving the
bank coincided with the day of Gracie’s
birth, 13 August 2002.
38 You had not apparently
suffered any serious health problems at the
time of the events giving rise to this case,
although you consulted a general
practitioner, Dr Andrew Kotsimbos, in the
weeks immediately before 23 March 2004
complaining of disturbed sleep patterns. You
were prescribed sleeping tablets of two
different types with little effect and the
doctor discussed with you the possibility of
your having an underlying depressive
illness. Eventually, Dr Kotsimbos did
diagnose depression but that was only after
a consultation on 1 June 2004, when your
history to him included the false story of
Anna’s having left you. He found that you
were then agitated and were suffering from
poor memory and concentration. These
findings are not surprising having regard to
the stress you must have been under as a
consequence of having persisted, for over
two months, in a public falsehood concerning
the fate of your wife and daughter.
39 Dr Lester Walton, a
forensic psychiatrist, examined you on two
occasions whilst you were on remand. He
described you in much the same way as your
counsel did, as being socially inept,
dependant, passive and a retiring individual
who was unable or reluctant to confront
problems. His view was that you perceived
irresolvable difficulties in your family
situation and that you reached the
conclusion that the only solution to these
difficulties was to kill Anna, and
subsequently, Gracie. He thought that
although many of your actions since
committing these crimes suggested the
opposite, you have made some expressions of
remorse within the limits imposed by your
underlying personality.
40 Dr Walton offered the
opinion that these killings were
"irrational" although he could find no
evidence that you were suffering from any
frank psychiatric illness. I presume that by
"irrational" he meant that you considered
the killing of your wife and, later, your
child were the only options you could see to
relieve a state of desperation you
considered yourself to be in. As evidence of
this irrationality, Dr Walton recounts your
speaking of feeling "threatened" by your
daughter – a situation which is, of course,
objectively absurd.
41 Although you described
to police a feeling of being "another person"
when you were committing these murders, Dr
Walton considered that this was not a
description of hallucinations indicative of
psychosis, but a degree of what he termed "dissociation
of personality." He thought that you were "afflicted
by a clinically significant depressive
disorder prior to the killings, although
seemingly not of very major proportions".
42 When Dr Walton saw you
on the second occasion, in April this year,
he noted that you were then being held in a
special unit at Barwon Prison and
periodically required close observation and
special treatment because of suicidal
tendencies consequent upon the depression
you were suffering.
43 As far as your risk of
re-offending is concerned, Dr Walton
considered that the fact that you have no
prior convictions, let alone any for
violence, was probably the most reliable of
a number of unreliable predictors for future
violence. He considered that violent
behaviour in people of your personality
generally arises out of a set of particular
circumstances which are unlikely to be
repeated. Accordingly, he thought it
unlikely you would re-offend. In this
respect you are not unlike the vast majority
of murderers who never repeat their crimes.
44 Mr Ian Joblin, to whom
reference has already been made, has also
examined you on two occasions. Based on the
history you gave him, information he
obtained from members of your family and a
perusal of the documentation in this case,
he formed the opinion that leading up to the
birth of Gracie you were in a somewhat
fragile psychological state. He considered
you to be an inadequate, isolated and
withdrawn individual. You had few
appropriate social skills and few friends.
He thought you were very dependant on your
parents and lacked the psychological
resources to cope with the stressors in your
life, your marriage, the arrival of a child
and your change of career from employed bank
officer to being self-employed in your
conveyancing business.
45 Mr Joblin considered
that by late 2003 or early 2004 the matters
referred to, the difficulties Gracie
experienced in her early months and Anna’s
announcement that she was pregnant again
caused you to attribute your difficulties to
her. You told Mr Joblin that Anna was
"killing you" and he interpreted this as
having two possible meanings; that you
thought she was killing you psychologically
or that your depression was causing you to
be sometimes suicidal. It was in this
psychological turmoil that you bought the
spear gun and began contemplating, if not
deciding upon, killing your wife.
46 Mr Joblin agreed with
Dr Walton that you were not psychotic at the
time you committed these offences, nor
should you be diagnosed as having an
anti-social personality disorder. However,
he considered that the offences did not
occur in a psychological vacuum but that at
the time of their occurrence you were in a
state of considerable psychological
abnormality. In his oral evidence, Mr Joblin
agreed with the proposition that his
conclusion as to your having a significant
abnormality is no more than appropriate
acceptance that anyone who could do what you
did must have been abnormal.
47 Mr Joblin’s view as to
your behaviour in attempting to divert
suspicion from yourself in respect of your
wife’s death was that that behaviour became
virtually an intellectual exercise for you.
He said you found discussion of the issue of
remorse too difficult to engage in although
by the time of his second consultation with
you he thought that you were very aware of
what you had done.
48 The purpose of
psychological and psychiatric assessment of
people in your position is not to seek to
excuse criminal behaviour although, in some
cases, where psychosis or similar conditions
are diagnosed, it may lead to that result.
It is rather to provide a sentencing court
with as much relevant information as
possible to carry out its task of imposing
an appropriate sentence. If such assessment
enables a court to reach a firm conclusion
as to why a particular offence has been
committed it is in a better position to
impose a just sentence. In your case, the
assessments of Dr Walton and Mr Joblin lead
to a conclusion that you were not suffering
from any psychiatric illness or any
identifiable psychological abnormality at
the time you committed these offences but
that you were the subject of psychological
stressors to which you reacted in an
abnormal manner. As Mr Joblin said, to have
chosen the behaviour you did itself
indicates abnormality. Such a conclusion
neither justifies nor excuses your conduct.
It throws but little light on the question
of why an otherwise law abiding member of
society would do what you did when legal
mechanisms, however imperfect, exist to
settle matrimonial disharmony without
recourse to violence. That what you did was
egregiously wicked cannot be gainsaid even
if it is more difficult to reach the same
conclusion as to your subjective moral
culpability beyond reasonable doubt. However
that may be, your preparations for these
crimes and your attempts to hide their
perpetration, as well as the method you
chose for carrying them out, strongly
support a conclusion, for sentencing
purposes, that you were at all times fully
aware of what you were doing and that what
you were doing was objectively wrong.
49 The Court has before
it a number of victim impact statements
including statements filed by Anna Kemp’s
mother and her two brothers. These
statements attest to Anna’s family’s love
for her and her daughter and their shattered
expectation of the birth of her second
child. The effect of Anna and Gracie’s
deaths, the manner of their occurrence and
the lengths to which you went to disguise
your involvement in them, including the
slurs you cast on your wife’s character in
the course of doing so, have all had a
devastating effect on her family and some
members, at least, of yours. These victim
impact statements, insofar as they contain
relevant and admissible information, have
been taken into account in fixing your
sentence.
50 The fixing of an
appropriate sentence requires the Court to
have regard to a number of statutory and
common law principles. First, it must take
into account the maximum sentence prescribed
by law; in this case life imprisonment.
Having done so, it must consider the need to
punish you to an extent and in a manner
which is just in all the circumstances. The
sentence fixed must have regard to the
principles of general and specific
deterrence, your possible rehabilitation,
denunciation by the Court of the type of
conduct in which you engaged and protection
of the community. The Court must have regard
to any matters which aggravate the
commission of the offence in respect of
which sentence is to be passed and of any
facts which might mitigate the requirement
for condign punishment in any given case. A
separate sentence must be fixed in respect
of each offence being considered.
51 With respect to the
murder of your wife, Anna Kemp, there are
significant matters of aggravation. First,
there is the question of premeditation.
Whether you formed an intention to kill her
when you bought the spear gun or when you
tested it in your backyard some time before
23 March as the Crown submitted, you had
certainly formed that intention when you
went to your garage on the evening of that
day, retrieved it, loaded it and returned to
your bedroom. Your killing your wife was no
impulsive act of desperation.
52 Secondly, there was
the method of carrying out this crime. It
was singular in its barbarity. Thirdly,
there was the fact that your wife was
pregnant. Your act effectively destroyed two
lives, not one. Fourthly, there was the
desecration of your wife’s body in the
manner of its disposal as already described.
Fifthly, there was the extensive charade in
which you engaged to try to conceal your
involvement in this crime. Sixthly, there is
the effect that Anna’s death and the method
of its occurrence has had on those closest
to her. Finally, there was the enormous cost
to the State of the investigation of the
circumstances of Anna’s disappearance and
the ultimate search for her remains.
53 Against these
aggravating factors you are entitled to have
taken into account your previous good
character, including your lack of prior
convictions and your ultimate confession to
this crime, including your plea of guilty
which obviated the necessity for a perhaps
lengthy trial which would have significantly
increased the anguish of Anna’s family and
those others affected by her death. You are
entitled to have consideration given to the
matters deposed to by Dr Walton and Mr
Joblin as to your psychological state
immediately prior to the commission of the
offence and any effect that that might have
had on your subjective moral culpability.
54 Your counsel urged the
Court that remorse should be found in your
ultimate confession to the investigators
followed by your plea of guilty. She pointed
to the comments of Dr Walton and Mr Joblin
on this topic, qualified as they were.
55 Remorse is an elusive
concept. A confession and a plea of guilty
will not always denote its existence. They
may be as consistent with the existence of a
strong Crown case as with repentance. In
your case, although your actions during and
after the commission of these crimes would
tend to suggest a lack of any concern for
what you had done, at least until 22 June
last year, Mr Joblin’s assessment that you
were well aware of the gravity of your
actions indicate the commencement of a
contrition process. No doubt in the coming
years the gravity of your actions will weigh
more heavily on you. You may reach a state
of genuine remorse; it is to be hoped that
you do. A positive finding that you have
done so yet, however, cannot be made.
56 Finally, your time in
prison, especially in the early years of
your sentence, is likely to be marked by
hostility and even violence from fellow
prisoners which, in turn, is likely to lead
to your having to be isolated, thereby
making the ordeal of incarceration
particularly onerous.
57 With respect to the
murder of Gracie, all of the aggravating and
mitigating factors referred to are equally
applicable except, of course, the fact of
your wife’s pregnancy. However, there are
further significant aggravating factors in
Gracie’s case which are not present in the
case of your wife. Gracie was a defenceless
child for whom you had a legal and, more
importantly, a moral responsibility and
whatever your motive for killing Anna might
have been, in Gracie’s case it was simply so
that your first crime would not be
discovered. Having regard to these
additional factors, it would have been
logically possible to impose different
sentences for each of these offences.
However, distinctions at this level of
heinousness invite unseemly comparisons
which are, in the circumstances,
unnecessary.
58 The most significant
principles in the sentencing process in this
case are punishment and the condemnation of
the community of these offences.
Fortunately, crimes of this nature are rare
so that general deterrence has little role
to play in sentencing and specific
deterrence and the protection of the
community would be relevant, on the
evidence, only if your former domestic
circumstances were to be replicated. Having
regard to the sentence which is to be
imposed this is so unlikely as to render
those principles of little significance in
this case.
59 Having regard to all
the considerations in the sentencing process
the aims of sentencing in this case can only
be appropriately met by the imposition of
sentences of life imprisonment on each of
the two counts of murder to which you have
pleaded guilty.
60 The law of this State
requires a court sentencing an offender to
fix a non-parole period as part of the
sentencing process unless it considers that
the nature of the offence or the past
history of the offender makes the fixing of
such a period inappropriate.
The Crown Prosecutor submitted that no non-parole
period should be fixed in this case. He
based this submission on what he said were
the overwhelming aggravating factors to
which reference has already been made. His
argument was that, in effect, where the
aggravating factors are as significant as
they undoubtedly are in this case any
mitigating circumstances, normally required
by law to be taken into account, are
completely obliterated and have no effect on
the sentencing process. He referred to cases
in which Courts of Appeal have adverted to
the possibility that even sentences of life
imprisonment without parole might be
appropriate in some cases. He submitted that
this was one such case.
61 Whilst the prosecutor
acknowledged the usual mitigating effect of
a plea of guilty he said that it should not
have that effect in this case. Even had the
case required a trial the secondary victims
of these crimes, that is to say your wife’s
family, would not have needed to be involved
in any such trial so that they have been
spared nothing by your guilty plea. Nor he
said should the saving to the State be
considered having regard to the enormous
cost of the investigation bought about by
your perfidy. Further, in the circumstances
your prior unblemished record should not
carry sufficient weight to support the
fixing of a non-parole period. He argued
that you should never be released from
prison.
62 To give effect to the
prosecutor’s submission the Court would have
to reach a firm conclusion that it was
inappropriate in your case to fix a non-parole
period in this case. Such is the effect of
statute law.
63 The prospect of
imprisonment without the possibility of
release removes one of the most significant
incentives to rehabilitation. It removes any
basis for hope of ultimate release. In your
case, having regard to your age, such a
sentence could well involve your serving 40
to 50 years in prison without any prospect
of regaining your liberty no matter how much
you change, whether as a result of the
ageing process caused by the effluxion of
time, or the inevitable effects of being
institutionalised over a long period. In the
circumstances, when these matters are taken
into account together with your prior good
character and the fact that you pleaded
guilty, albeit after a long period of
deception, the Court is not satisfied that
despite your horrendous crimes all hope of
ultimate release should be denied to you.
64 It must be remembered
that the fixing of a non-parole period does
not mean that you will be released upon its
expiration. It does mean however that you
will serve every day of it without the
possibility of any remission. Upon its
expiration you will be entitled to have your
case considered by the Parole Board or such
other executive body as is by then concerned
with such matters. It will determine whether
you should then be released, no doubt
informed by reports of your conduct whilst
in prison. It is more appropriate that the
question of whether you should ever be
released is determined then in that manner
rather than by this Court today. The
imposition of life sentences for each of
these murders will be ameliorated in your
case by the fixing of a non-parole period.