A violent criminal who shot a Koonawarra woman in the face has won an appeal to set aside his 20-year prison term after successfully arguing the sentencing judge should have removed himself from the case.
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Adam Scott Murray shot young mum Renee Sullivan between the eyes when she came to answer the front door of her Fowlers Road home on the evening of February 15, 2012.
Miraculously, the mother of four survived but has had multiple surgeries to try to remove the bullet lodged in her brain.
Murray, who had previously been jailed for barging into a Warrawong home and stabbing a man, pleaded guilty to one count of discharging a firearm with intent to cause grievous bodily harm in February 2013.
Lawyers for the 28-year-old have since won an appeal to set aside the 20-year prison sentence handed down by District Court Judge Paul Conlon, after the experienced judge refused to recuse himself due to perceived bias.
Murray will be re-sentenced in the District Court, with no guarantee he will receive a lighter penalty.
The NSW Court of Criminal Appeal heard Judge Conlon had presided over a trial in which Murray had been acquitted of a violent kidnapping.
Citing several comments made by Judge Conlon during sentencing proceedings, counsel argued the process was compromised because he ‘‘expressed difficulty’’ putting his views of the case aside.
‘‘The evidence in that case, as far as I was concerned, was overwhelming,’’ Judge Conlon said during sentencing proceedings on August 1, 2013.
‘‘I am satisfied beyond reasonable doubt that he was the person responsible for that offence.’’
He continued:
‘‘So I take it that I just have to ignore that, but it’s difficult when I’ve sat through and listened to that evidence, about which I had no doubt, and I’ve actually got to ignore that as one of the factors that might be very significant when the court is assessing this question of future dangerousness.’’
When the matter returned on August 6, counsel argued Judge Conlon should recuse himself, but he declined.
‘‘It does play no part in my ultimate assessment of what is the appropriate sentence in this matter,’’ he said.
Murray’s counsel also appealed on the grounds that Judge Conlon had not warned them of his decision to withhold a sentence discount for the violent offender’s guilty plea.
The court remitted the matter for sentencing in the District Court at a later date.
