R v Sullivan [2010] NSWSC 755 (9 July 2010)


whether causal link between offender’s brain damage and offending
level of objective seriousness
significance of previous criminal record

Fullerton J
13 There were three guests who were asleep in the lounge room behind a closed door when the deceased arrived. They gave different evidence as to what they saw and heard of the arrival of the deceased and his encounter with the offender. Save for their observations of the offender’s attitude and behaviour as they emerged from the lounge room to see him holding the knife with blood dripping from the blade, and his attitude thereafter as he coopted them into cleaning up the blood and disposing of the knife to avoid detection, I do not rely on their evidence for the purpose of making any factual findings for sentencing purposes. Instead, I prefer to rely upon the evidence of Mr Gould and Mr Bradshaw, another of the offender’s neighbours. Two of the three witnesses in the offender’s home attracted a direction under s 165 of the Evidence Act 1995 at trial because of their chronic alcoholism. I regard the third witness as likely to be mistaken as to what she saw or heard of the confrontation having regard to all the evidence.