R v Holmes (No 7) [2021] NSWSC 570

Supreme Court New South Wales

Medium Neutral Citation: R v Holmes (No 7) [2021] NSWSC 570 Hearing dates: 20, 21 May 2021 Date of orders: 21 May 2021 Decision date: 21 May 2021 Jurisdiction: Common Law Before: Campbell J Decision: On the charge of manslaughter, the offender is sentenced to a term of imprisonment having a non-parole period of 4 years and 3 months commencing on 5 March 2019 and expiring on 4 June 2023 with an additional term of 1 year and 6 months expiring on 4 December 2024. Catchwords: CRIME – sentencing – manslaughter – where offender did not have the actual specific intent of killing the victim – guilty plea – discount to be applied – whether utilitarian discount under s 25E(1)(b) is available where offer to plead guilty to an offence made but not formally entered in committal proceedings – statutory construction – whether alternative less serious offence is a "different offence" the subject of the proceedings Legislation Cited: Crimes Act 1900 (NSW) ss 18, 24, 25A Crimes (Sentencing Procedure) Act 1999 (NSW) ss 10, 21A, 25D, 25E, 47 Criminal Procedure Act 1986 (NSW) ss 66, 75, 78, 79 Interpretation Act 1987 (NSW) s 8(b) Cases Cited: Muldrock v The Queen [2011] HCA 39; 244 CLR 120 R v Black (No 2) [2021] NSWSC 77 R v Blake Davis [2021] NSWSC 235 R v Field [2014] NSWSC 1797 R v Forbes [2005] NSWCCA 337; 160 A Crim R 1 R v Loveridge [2014] NSWCCA 120; 243 A Crim R 31 Texts Cited: N/A Category: Sentence Parties: Regina (Crown) Shane Holmes (Offender) Representation: Counsel: Robert Munro (Crown) Angus Webb (Accused)