The applicant was convicted by the jury in Port Hedland of a charge of wilful murder and a further charge of aggravated sexual penetration of another person. He pleaded guilty to the remaining counts in the indictment which were counts of attempting to murder and to rob the person he had sexually penetrated. There was imposed for the wilful murder a sentence of strict security life imprisonment with an order that there be a non-parole term of 25 years. The appeal is limited to the length of the non-parole period. The total effective sentence imposed in respect of the other offences was a term of 18 years with no eligibility for parole. This term included some further offences for which the applicant was required to be sentenced by reason of breaches of a probation order.

The applicant was indicted jointly with Bevan Joseph Lawson and they were charged jointly with each of the four offences on the indictment. I shall set out a summary of the circumstances of these offences. This summary is taken from the sentencing remarks of Walsh J who presided at the trial. The two victims were male and female and were engaged to be married. They were at the house where the offences took place. The applicant knew them. The applicant and Lawson believed that the male victim had $30,000 in cash in the house. The applicant and Lawson, armed themselves with kitchen knives and went to the house to rob the victims of this money. After gaining entry to the house Lawson detained the female victim in the bedroom at the point of a knife whilst the applicant concentrated on the male occupant in order to try to obtain the money. This was initially unsuccessful. The applicant forced the male occupant into the bedroom holding the knife to his throat. The sentencing Judge said that what subsequently ensued was a sexual attack and degradation of the female culminating in the penetration of her vagina with a plastic bottle. His Honour said it was deliberately done in front of her fiancé to exert further pressure on him to part with the money. They both turned their attention to the male occupant and savagely attacked him by striking and kicking him thus bringing him to the ground. They continued to demand money from him. The female, who was terrified both for herself and her fiancé was permitted to dress and to go to the kitchen with Lawson and she obtained $1,030. They returned to the bedroom where the money was counted and the applicant called out, "Where is the rest of it?" They were told that that was all that was available. The applicant said to Lawson, "Cut the bitch's throat." She pleaded for her life and the applicant said, "Well Ronnie that's not good enough." He then stabbed the male by thrusting the kitchen knife forward with considerable force. The knife penetrated the victim's body with the 20 centimetres length of the blade to the hilt. It penetrated through the heart with the tip protruding through his back. The male occupant quickly passed away and the female victim was very distressed wanting to go to her fiancé. She pleaded with the offenders to leave. Lawson told her to get back on all fours on the bed and she was forced to pull up her dress again exposing her private parts. Lawson said, "Spread your cheeks" and said to the applicant, "So this is what a white woman looks like." The applicant then laughed and subsequently said to Lawson, "Bevan you fucking better go and get rid of her. I can't kill her because I know her too well."