R v Cavanagh, McIvor & O’Keefe [2021] NSWSC 746

Supreme Court New South Wales

Medium Neutral Citation: R v Cavanagh, McIvor & O'Keefe [2021] NSWSC 746 Hearing dates: 22 April 2021 Date of orders: 25 June 2021 Decision date: 25 June 2021 Jurisdiction: Common Law Before: Davies J Decision: BARRY PAUL CAVANAGH is convicted of the murder of Jamie Phillips. The offender is sentenced to a non-parole period of 15 years and 9 months commencing 11 April 2020 and expiring 10 January 2036 with a balance of term of 5 years and 3 months expiring on 10 April 2041. The offender is first eligible for parole on 10 January 2036. SEAN DAVID O'KEEFE is convicted of the murder of Jamie Phillips. The offender is sentenced to a non-parole period of 15 years and 9 months commencing 10 October 2019 and expiring 9 July 2035 with a balance of term of 5 years and 3 months expiring 9 October 2040. The offender is first eligible for parole on 9 July 2035. NATHAN McIVOR is convicted of the murder of Jamie Phillips. The offender is sentenced to a non-parole period of 15 years commencing 7 March 2019 and expiring 6 March 2034 with a balance of term of 5 years expiring 6 March 2039. The offender is first eligible for parole on 6 March 2034. Catchwords: CRIME – sentence – murder – joint criminal enterprise – where three co-accused found guilty of murder by jury – where victim died of stab wound – co-accused and victim at premises of well-known drug dealer when offending occurred – witness heard co-accused and victim fighting and subsequently saw body of the victim – victim's body dumped on side of road– alternative bases put forward at trial by Crown – joint criminal enterprise to inflict grievous bodily harm or joint criminal enterprise to assault deceased where parties contemplated the possibility that grievous bodily harm would be inflicted – evidence not sufficient to prove beyond reasonable doubt that offenders agreed to inflict grievous bodily harm on deceased – offending just below mid-range of objective seriousness – parity amongst offenders – no finding of special circumstances – two offenders on parole at time of offending - importance of deterrence SENTENCING – sentencing procedure – victim impact statements – where parts of statements attacking offender, expressing opinions about length of sentence, or giving evidence about medical condition rejected – where rest of statements taken into account Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) ss 21A, 26, 28, 30E, 30F Crimes Legislation Amendment (Victims) Act 2018 (NSW) Cases Cited: Jonson v R [2016] NSWCCA 286 R v Lulham [2016] NSWCCA 287 R v Qutami [2001] NSWCCA 353 Texts Cited: Nil Category: Principal judgment Parties: Crown Barry Paul Cavanagh (Offender) Nathan McIvor (Offender) Sean David O'Keefe (Offender) Representation: Counsel: C Taylor (Crown) W Terracini QC (for the Offender Barry Paul Cavanagh) N Steel (for the Offender Nathan McIvor) R Pontello SC (for the Offender Sean David O'Keefe)