Page 80 - Magistrates Conference 2019

SITUATION 1:

44 THE STATE v JOHN JOKER and HARVEY QUINN

For Murder

John Joker and Harvey Quinn devised a plan to rob the Wayne’s home in Gotham City on the 7 December, 2013. At around 9:00p.m. on the day in
th
question, both men, armed with guns, entered the Wayne’s home and announced a robbery. The men proceeded to rob the family of jewellery and
money.

At some point during the robbery, Joker threatened to kidnap the deceased’s son and the deceased begged him not to do so. Quinn tied the deceased’s
hands and the deceased pleaded for his life, begging his assailants not kill him. Joker then shot him in the leg. Quinn then told Thomas that if he told
them where more jewellery could be found they would spare his life. Thomas then gave them the combination to a hidden safe which contained his wife’s

gold jewellery and precious stones. Having retrieved the jewellery Joker placed a gun to the deceased’s ear and in the presence of his son and wife, shot
him in the head at close range

Joker and Quinn were subsequently arrested by police officers and charged with the offence. At the time of the offence, Joker was 28 years old and
Quinn was 25 years old. Quinn did not have any previous convictions. Joker had a previous conviction for possession of a firearm and ammunition, dated

2007.

The jury found Joker and Quinn guilty of the offence of murder. Both men spent approximately 3 years and 7 months in pre-trial custody.

In previously decided cases in that jurisdiction, a starting point of 30-35 years was accepted as appropriate for similar offences, 35 years being reserved

for those offences at the upper reaches of the scale of seriousness.