The Queen v Pain, Maxwell John [2017] VSC 454

CRIMINAL LAW
Judgment type: 
Supreme Court of Victoria
Judge(s): 
Croucher J
Parties: 

The Queen v Pain, Maxwell John

Judgment Date: 
9 August 2017
Catchwords: 

CRIMINAL LAW - Sentence following trial - Murder - Accused believed (wrongly) that his wife and her son-in-law were having an affair - Accused drove to son-in-law's property and shot him once in the abdomen with a shotgun, killing him - Whether shooting pre-meditated - Whether accused intended to shoot and kill or cause really serious injury - Offence at upper end of the middle range of gravity of murder - Impact of crime on deceased's loved ones - Accused originally pleaded guilty to murder but plea withdrawn - Limited remorse - Sensible concessions made by accused in running trial - Reasonable prospects of rehabilitation - Limited criminal history - Some positive character traits - Whether accused's delusional disorder mitigates sentence - Hardship of imprisonment as a result of accused's physical disability - Importance of general and specific deterrence, denunciation, just punishment and rehabilitation - Current sentencing practices for murder - Sentence of 23 years' imprisonment with a non-parole period of 18 years.

Citation: 
[2017] VSC 454