The personal circumstances of Luke Elwood
39Luke Elwood was born in Bourke in 1990. He is the third of six children in a family of Aboriginal heritage. He shared a close bond with his parents. There was no domestic violence, substance abuse or mistreatment. His law-abiding parents have been supportive of him through these court proceedings. He shares a positive relationship with his siblings.
40Mr Elwood's mother moved with some of the children to Wagga Wagga when he was 13 years old. She wanted to provide the children with a better lifestyle and be closer to extended family. He remained in Bourke with his father and one of his sisters. They kept in contact and visited on occasions. His mother returned to Bourke in recent times.
41For a time when he was in his mid-teens, Mr Elwood lived in Orange with members of his extended family. He got along well with both of his cousins, regarding them like a brother and a sister. Sadly, they suffered from illnesses and died in 2008 and 2012; a matter which caused him significant grief.
42Mr Elwood was educated to part way through Year 9 but left school due to general disinterest. He attended Bourke TAFE where he completed a course in "Land and Management". His subsequent employment history is limited. He has done some seasonal fruit picking but has otherwise been unemployed, describing himself as "young and lazy". In recent times, he was motivated to work but bail conditions made that difficult. He has hopes to work as a shearer once the current matter is resolved.
43Alcohol consumption commenced at about age 15 but has never been regular; more in the nature of binge drinking. Cannabis use commenced at about the same time and has been more problematic with daily use. When he was released on bail on 31 August 2012 he abstained for a short time but then resumed regular use. Also during the period he was on bail he was using Oxycontin regularly and to excess. He said that his motive was to "get stoned and block everyone out".
44Mr Elwood had no prior criminal history. This is somewhat surprising for a young man living in Bourke, with all that he would have been exposed to. It seems to be, at least in part, the product of the good upbringing provided by his parents, particularly his father. This aspect of his case attracts a significant element of leniency.
45Ms Lynn Orcher, an aunt, gave evidence for Mr Elwood in the trial. She said that Bourke was a town with high levels of domestic violence, unemployment, poor housing and petty crime. Children were incarcerated at a very young age. But she had never known her nephew to be violent; she described him as a "very soft young man, always has been". He was well respected in the community, and was "very much respectful to all of the community, Aboriginal and non-Aboriginal". He had good morals that had been passed on from his father.
46Ms Orcher's account of the nature of life in Bourke is consistent with the descriptions provided in the testimonials tendered in the case concerning Mr Dennis that were adopted by counsel for Mr Elwood.
47Ms Orcher's assessment of Mr Elwood's personality is consistent with those conveyed in various testimonials that were tendered in his case this morning. An aunt, Ms Sandra Edwards, described him as a "happy-go luck boy". His father described him as "quiet and ... pretty shy with people he doesn't know". Mr Stephen Howarth said he was "a very gentle boy" and he had watched him develop over many years "into a respectful, polite young man". Mr Clem Edwards described him as "a lovely boy" and considered that his involvement in the incident of 1 May 2011 was "very out of character for him".
48In relation to the present matter, he told Ms Kathryn Wakely, forensic psychologist, that he was drunk at the time and that when he later heard that Mr G had died he "just couldn't believe it". It was "something that was not meant to happen" and he said, "I feel for them, had a son, daughter and I wouldn't know what to do if that was my father". He also expressed empathy for any future grandchildren who would not know their grandfather.
49Mr Elwood was in custody, bail refused, from 3 May 2011 until 31 August 2012 (when he was granted bail) and then since the jury's verdict on 9 April 2014. To give credit for this pre-sentence custody his sentence will date from 8 December 2012. I also propose to take into account that the circumstances of his custody have been attended by anxiety and stress for the same reason as applies in Mr Dennis' case. This will continue for such time as he remains in custody.
50A test administered by Ms Wakely, the "Severity of Dependence Scale" test, indicated no compulsive use of, or psychological dependence upon, alcohol or drugs in the year prior to his arrest. Another test placed him within the low range of general and violent recidivism.
51Ms Wakely considered that Mr Elwood's significant regular use of cannabis in the past, and his use of Oxycontin whilst he was on bail, called for a period of treatment in order to avoid future development of serious substance dependence and associated difficulties. Attention to his choice of associates and vocational skills training were also suggested as being useful. I note that in the custodial history tendered by the Crown Mr Elwood was disciplined last month for an "offence" described as "refuse fail drug sample" and was "sentenced" to 42 days off contact visits. Further attention to his substance abuse issues is clearly indicated.
52I am satisfied that Luke Elwood has good prospects of rehabilitation and is unlikely to re-offend, provided that he maintains abstinence from illicit drug use. I am also satisfied that he is genuinely remorseful.