R v Cust [2021] NSWSC 1515

Supreme Court New South Wales

Medium Neutral Citation: R v Cust [2021] NSWSC 1515 Hearing dates: 24 November 2021 Date of orders: 25 November 2021 Decision date: 25 November 2021 Jurisdiction: Common Law Before: Wilson J Decision: (1) Jamie Cust is convicted of the manslaughter of Jesus Bebita on 18 December 2018 at Scone in this State. (2) He is sentenced to 6 years imprisonment for that offence, with a non-parole period of 4 years and 6 months. The sentence will date from 18 December 2018. The non-parole period will expire on 17 June 2023. The total term will expire on 17 December 2024. Catchwords: CRIME — sentence — where offender tried for murder — early guilty plea to manslaughter on the basis of extreme provocation— attempted sexual assault of offender by deceased – immediate complaint and admissions by offender — jury convicted offender of manslaughter — extreme provocation not disproved — s 23 Crimes Act 1900 (NSW) — where offender has supportive family and good prospects of rehabilitation — evidence of remorse – strong subjective case Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Evidence Act 1995 (NSW) Cases Cited: Gounder v R [2012] NSWCCA 87 Hill v R (1981) 3 A Crim R 397 Paterson v R [2021] NSWCCA 273 R v Alexander (1994) 78 A Crim R 141 R v Blacklidge (Court of Criminal Appeal (NSW), 12 December 1995, unrep) R v Butler [2012] NSWSC 1227 R v Fuller [2020] NSWSC 1580 R v Green [1999] NSWCCA 97 R v Mitchell [2008] NSWSC 320 Williams v R [2013] NTCCA 12 Category: Sentence Parties: Regina (Crown) Jamie Cust (Offender) Representation: Counsel: B Queenan (Crown) P Rosser QC (Offender)