R v Reay (No 2) [2021] NSWSC 901

Supreme Court New South Wales

Medium Neutral Citation: R v Reay (No 2) [2021] NSWSC 901 Hearing dates: 20 July 2021 Decision date: 28 July 2021 Jurisdiction: Common Law - Criminal Before: R A Hulme J Decision: Imprisonment for 30 years with a non-parole period of 22 years 6 months Catchwords: SENTENCING – murder – in gaol – strangulation of cell mate – intent to kill – objective seriousness very grave – severe antisocial personality disorder – extensive and violent criminal history – tendency for unprovoked violence – long term of imprisonment – principle of totality – Crimes (Sentencing Procedure) Act 1999 (NSW), s 56(3) discretion to backdate sentence exercised Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW), ss 21A, 56 Cases Cited: R v Dong [2021] NSWCCA 82 R v Lawrence [2005] NSWCCA 91 R v Reay [2021] NSWSC 311 State of New South Wales v Reay [2014] NSWSC 1813 Veen v The Queen (No 2) (1988) 164 CLR 465 Category: Sentence Parties: Regina Richard Jason Reay Representation: Counsel: Mr J Stanhope (Crown) Mr A Webb (Offender)

Solicitors: Solicitor for Public Prosecutions Legal Aid NSW File Number(s): 2019/197995

Judgment 1. HIS HONOUR: Richard Jason Reay is to be sentenced for the murder of Geoffrey John Fardell at the Mid North Coast Correctional Centre (MNCCC) on the night of 10 June 2019. 2. Mr Reay was found guilty of this murder at the conclusion of a judge-alone trial before me at Port Macquarie in March this year. His case had been that he should be found guilty of manslaughter, either on the basis that there was a reasonable doubt he intended to cause grievous bodily harm or death, or that he acted in self-defence, albeit excessively.