R v Egan [2022] NSWSC 399

Supreme Court New South Wales

Medium Neutral Citation: R v Egan [2022] NSWSC 399 Hearing dates: 11 March 2022 Decision date: 08 April 2022 Jurisdiction: Common Law Before: Button J Decision: (1) Convicted of the offence of manslaughter.

(2) The offender is sentenced to a non-parole period of 5 years, to commence on 22 September 2019, and expire on 21 September 2024. That will be followed by a parole period of 2 years 6 months to commence on 22 September 2024 and expire on 21 March 2027.

(3) The first date upon which it appears that the offender will be eligible for possible release to parole is 21 September 2024. Catchwords: CRIMINAL LAW – sentence – manslaughter – offender pleaded not guilty to murder but guilty to manslaughter at commencement of trial by jury – verdict of guilty of lesser form of homicide – foundation of offence unlawful taking of a human life – manslaughter by unlawful and dangerous act – offender forcefully broke bottle and held sharp piece of glass in hand whilst struggling with deceased – deceased fatally wounded to throat – mature Aboriginal offender – childhood marred by violence and abuse of alcohol – offender homeless and abusing substances for years – poor physical and mental health – lengthy criminal record – repeated imprisonment for actual or threatened violence – finding of remorse, albeit limited – very guarded optimism about the future – sentence imposed Category: Sentence Parties: Regina Graham Anthony Egan (Offender) Representation: Counsel: K Jeffreys (Crown) D Barrow (Offender)

Solicitors: Solicitor for Public Prosecutions (Crown) Legal Aid (Offender) File Number(s): 2019/295787 Publication restriction: Nil