R v Newburn [2020] NSWSC 1878

Supreme Court New South Wales

Medium Neutral Citation: R v Newburn [2020] NSWSC 1878 Hearing dates: 16 December 2020 Date of orders: 17 December 2020 Decision date: 17 December 2020 Jurisdiction: Common Law Before: Wilson J Decision: (1) The offender is sentenced to a term of 9 years imprisonment to date from 20 May 2019 and expiring on 19 May 2028, with a non-parole period of 5 years and 9 months expiring on 19 February 2025. Catchwords: CRIME – SENTENCE – guilty plea – manslaughter – fight between two armed men - excessive self-defence – use of weapon – relevance of drug addiction to sentence Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Hayek v R [2016] NSWCCA 126 R v Aljubouri [2019] NSWSC 180 R v Cook [2012] NSWSC 480 R v Trevenna [2004] NSWCCA 43; (2004) 149 A Crim R 505 Category: Sentence Parties: Regina (Crown) Paul Newburn (Accused) Representation: Counsel: B Queenan (Crown) P Krisenthal (Accused)

Solicitors: Solicitor for Public Prosecutions (NSW) (Crown) Legal Aid NSW (Accused) File Number(s): 2019/00021928 Publication restriction: Nil.

Judgment 1. HER HONOUR: On 20 January 2019, Glen Smith died after a needless altercation with the offender Paul Newburn. Each man had behaved aggressively towards the other and there was a fight in which each was armed. Mr Smith was stabbed and died as a consequence of his injuries. 2. The offender appears before the Court today to be sentenced for unlawfully killing him. The Court was presented with an agreed statement of facts and, there being no other evidence to establish the circumstances of the offending, those are the facts upon which the offender must be sentenced. What follows is drawn from that statement.