Australia, June 30 -- New South Wales Land and Environment Court issued text of the following judgement on May 29:
1. HIS HONOUR: David Mapp stood trial on 14 October 2024 before me sitting with a jury charged that on 28 July 2022, at Tumbi Umbi in the State of New South Wales, he did murder Colleen Wilson. On 24 October 2024, the jury returned a verdict of guilty on that charge. Mr Mapp is now to be sentenced for that offence.
2. The offence of murder carries a maximum penalty of life imprisonment with a standard non-parole period of 20 years. The Crown does not submit that a life sentence is warranted in the circumstances of this case.
Facts consistent with jury verdict
3. With some relatively minor exceptions to which I will shortly refer, the following are facts, with which I note the parties also agree, that I find are consistent with the jury's verdict.
4. Ms Wilson was born in January 1940 and was 82 years old at the time of her death on 28 July 2022. She was 162cm tall, weighed 68kg and was of small build. David Mapp was Ms Wilson's biological son, born in August 1965 and was 56 years old at the time of the offence.
5. Ms Wilson lived on Eastern Road, Tumbi Umbi. In the months prior to July 2022, Mr Mapp stayed at his mother's house approximately three times a week. He otherwise stayed in a unit that he rented at Watanobbi.
6. Mr Mapp had a longstanding addiction to heroin which had caused ongoing tensions in the relationship between him and his mother. They regularly argued because Mr Mapp asked his mother for money. She would occasionally raise her voice. However, there was no evidence of prior physical violence between them.
7. In the weeks prior to the offence, Mr Mapp had stolen his mother's television and taken it to a pawn shop. This upset his mother although she did not contact the police. Instead, Ms Wilson went to the pawn shop and redeemed it.
8. At approximately 7:00am on Tuesday 26 July 2022, Mr Mapp rang Lynette Perkin, a friend of his mother, and asked her for money as "he couldn't pay for his smokes and the bus". Ms Perkin agreed to give Mr Mapp $100 as a deposit for him doing some work at her house the following day. About an hour later, Ms Wilson drove Mr Mapp to Ms Perkin's house where she gave him $100.
9. Later that day, Ms Wilson rang Ms Perkin and said, "David had COVID" and so he could not attend her house the following day to do the work. Ms Wilson told Ms Perkin that her son was "shivering" and "not feeling well", and that she would get a doctor if his condition got worse.
10. At 9:16am on Wednesday 27 July 2022, Ms Wilson spoke by phone with her friend Rosalyn Rowley. She mentioned that Mr Mapp had COVID and Ms Rowley told her, "well you really can't leave the house because you know, you would be in contact with him".
11. At 10:06am, Ms Wilson had a conversation with Ms Perkin. She said Mr Mapp was sitting in the sun and asked how to report that he had COVID. Ms Perkin said Mr Mapp could not attend her house because of his condition.
*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1971580a4fad5621d2686afd)
Disclaimer: Curated by HT Syndication.