R v Mihai [2020] NSWDC 727

District Court New South Wales

Medium Neutral Citation: R v Mihai [2020] NSWDC 727 Hearing dates: 2 November 2020 Date of orders: 20 November 2020 Decision date: 20 November 2020 Jurisdiction: Criminal Before: Sutherland SC DCJ Decision: A head sentence of 3 years 10 months with a non-parole period of 2 years, 4 and a half months to commence on 10 August 2018. Catchwords: CRIME – Sentencing – Manslaughter – Violent Offences – Assault causing death – "one punch" legislation – "bitch slap" Legislation Cited: Crimes Act 1900 Cases Cited: Hopley v R [2008] NSWCCA 105 R v Grenenger [1999] NSWSC 380 R v Hyatt [2000] NSWSC 774 R v Loveridge [2014] NSWCCA 120 R v Matthews [2015] NSWSC 49 R v O'Hare [2003] NSWSC 652 R v Palu [2002] NSWCCA 381; (2002) 134 A Crim R 174 R v Qutami [2001] NSWCCA 353, (2001) 127 A Crim R 369 R v Risteski [1999] NSWSC 1248 R v Smith (2008) NSWSC 201 The Queen v Olbrich [1999] HCA 54;199 CLR 270 Category: Sentence Parties: Regina (Crown) Emil MIHAI (Offender) Representation: Counsel: Mr C. Taylor (Crown) Mr L. Fernandez (Offender)

Solicitors: Ms. C. Kirkpatrick (ODPP) Mr. S. Ingold (Nyman Gibson Miralis) File Number(s): 2018/00215243

Judgment

BACKGROUND 1. Emil Mihai appears for sentence following his plea of guilty to a single charge of assault causing death. Such an offence contravenes section 25A(1) of the Crimes Act 1900 and carries a maximum penalty of 20 years imprisonment. 2. The offender was originally charged with the manslaughter of the deceased, Traian (Troy) Dihel, with an alternative count included in the original Indictment of assault causing the death of Troy Dihel. 3. On 3 August 2020 the offender was arraigned pursuant to that Indictment. He entered pleas of not guilty with respect to both the primary charge of manslaughter and to the alternative count of assault causing death. Prior to the empanelling of a jury, rulings were sought with respect to the admissibility of a number of aspects of evidence proposed to be led by the Crown. 4. Following some of the pre-trial matters being the subject of rulings the offender was re-arraigned at his request on 10 August 2020 on which occasion he maintained his plea of not guilty to the charge of manslaughter but entered a plea of guilty to the alternative count under s.25A(1). That plea was accepted by the Crown in full satisfaction of the Indictment. The offender is thereby entitled, as a consequence of the timing of that plea, to a discount of 5% in the ultimate determination of an appropriate sentence.