R v Garvey; R v Jones [2021] NSWSC 1147

Supreme Court New South Wales

Medium Neutral Citation: R v Garvey; R v Jones [2021] NSWSC 1147 Hearing dates: 17 August 2021 Decision date: 29 September 2021 Jurisdiction: Common Law - Criminal Before: R A Hulme J Decision: Garvey Imprisonment for 29 years and 3 months with a non-parole period of 20 years and 9 months. Jones Imprisonment for 28 years 9 months with a non-parole period of 22 years 3 months. Catchwords: SENTENCING – murder – principal in the first degree – principal in the second degree – machete used to kill victim – home invasion to steal drugs – related offences – three offenders – extended joint criminal enterprise – knowledge of machete and planning of home invasion – objective severity above mid-range – parity – totality – partial accumulation – Bugmy principles applied – discretion to set commencement date – discount for facilitating a shorter trial should ordinarily be lower than discount for plea obviating need for trial – quantification of discount - mitigation for facilitating administration of justice allowed but not quantified Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Droudis v R [2020] NSWCCA 322 R v Fletcher [2020] NSWSC 1478 Category: Sentence Parties: Regina Jeremy Josh Garvey (Offender) Luke Graham Jones (Offender) Representation: Counsel: Mr P Rosser QC (Crown) Mr A M Webb (Garvey) Mr P Massey (Jones)

Solicitors: Solicitor for Public Prosecutions Ramsland Laidler Solicitors O'Brien Criminal & Civil Solicitors Pty Ltd File Number(s): 2018/394882; 2018/396315