R v Gale [2020] NSWSC 808

Supreme Court New South Wales

Medium Neutral Citation: R v Gale [2020] NSWSC 808 Hearing dates: 14 April 2020 Decision date: 26 June 2020 Jurisdiction: Common Law Before: Ierace J Decision: The offender is sentenced to a term of imprisonment comprising a non-parole period of 8 years, and a balance of term of 4 years. The total sentence is 12 years, commencing from 8 May 2018 and expiring on 7 May 2030. The offender will become eligible for possible release on parole when the non-parole period expires on 7 May 2026. Catchwords: CRIMINAL LAW – sentence – where offender originally charged with murder – where offender pleaded guilty to manslaughter on the basis of excessive self-defence – where minimal evidence of remorse – where prospects of rehabilitation poor – where actions were without provocation – where offender had a troubled upbringing Legislation Cited: Crimes Act 1900 (NSW) Crimes (Domestic and Personal Violence) Act 2007 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Summary Offences Act 1988 (NSW) Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 R v Wood (2014) 244 A Crim R 501; [2014] NSWCCA 184 Smith v R [2015] NSWCCA 193 Veen v The Queen (No 2) (1988) 164 CLR 465; [1988] HCA 14 Category: Sentence Parties: Regina Michael Graham Gale (Offender) Representation: Counsel: M G Fox (Crown) P D Young SC; S Fraser (Offender)