Court of Criminal Appeal hears Danny Deacon’s sentence for murder of Carlie Sinclair too soft
DANNY Deacon’s level of planning, and his cunning attempts to get away with the murder of his partner Carlie Sinclair demand he serve an even longer period behind bars, the Court of Criminal Appeal has heard
DANNY Deacon’s level of planning, and his cunning attempts to get away with the murder of his partner Carlie Sinclair demand he serve an even longer period behind bars, the Court of Criminal Appeal has heard.
In oral submissions on Tuesday, Director of Public Prosecutions Jack Karczewski QC said Deacon’s planning, years-long cover-up and repeated lies justified a longer sentence than the 21 year and six month non-parole period imposed by Justice Barr last year.
Territory law requires a mandatory life sentence with a minimum 20-year non-parole period for a “mid-range” murder, unless “exceptional circumstances” are proven.
Mr Karczewski said Ms Sinclair’s murder “falls under the rubric of domestic violence”, and that the Court of Criminal Appeal “from time to time ... resets the sentencing clock with respect to certain offences ...”
Jon Tippett QC, for Deacon, said his “rather more simple line” was that Justice Barr’s sentencing “does not disclose error.”
“The fact is he ... sentenced appropriately,” Mr Tippett said.
Both parties will make further written submissions on the Crown’s sentencing appeal, and the court will today hear a leave application for defence to appeal the inclusion of much of the prosecution’s evidence.
Mr Tippett is expected to argue that an unprecedented undercover operation resulted in evidence being gathered “oppressively” and by “trick”.
Mr Tippett said yesterday that the repeated confessions Deacon made to undercover police could have made the jury think he lacked credibility.
At the trial in August, Deacon admitted to killing Ms Sinclair and burying her in a bush grave at Berry Springs, but said she had provoked him.
Deacon admitted to digging Ms Sinclair’s grave three weeks before the murder, but said he acted in a “fit of rage”, which, if accepted by the jury, would have seen him convicted of the lesser crime of manslaughter.
The jury took five days to consider Deacon’s controversial defence, arriving at a majority guilty verdict.
“We have a jury that was out for five days ... the issue in the jury room was clearly whether or not the Jury was able to accept his evidence,” Mr Tippett said.
The defence appeal, if allowed and successful, would likely see a retrial ordered with much of the prosecution evidence kept from the jury.
The appeal and the leave application are being heard by Chief Justice Michael Grant, Justice Stephen Southwood and Justice Trevor Riley.
Originally published as Court of Criminal Appeal hears Danny Deacon’s sentence for murder of Carlie Sinclair too soft