R v Delaney [2022] NSWSC 492

Supreme Court New South Wales

Medium Neutral Citation: R v Delaney [2022] NSWSC 492 Hearing dates: 26 April 2022 Date of orders: 26 April 2022 Decision date: 26 April 2022 Jurisdiction: Common Law - Criminal Before: Fagan J Decision: Sentenced to imprisonment for 16 years comprising a non-parole period of 12 years commencing on 27 December 2019 and expiring on 26 December 2031 and a balance of term of four years expiring on 26 December 2035. The offender will be eligible for release on parole will be 26 December 2031. Catchwords: CRIME – sentence – murder – where the offender attacked the deceased with his fists and knees – cause of death ruptured spleen sustained during attack – where the deceased's spleen was severely diseased prior to attack – low level of intent to cause grievous bodily harm – offender remorseful Legislation Cited: Crimes (Domestic and Personal Violence) Act 2007 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Procedure Act 1986 (NSW) Summary Offences Act 1988 (NSW) Category: Sentence Parties: Regina Alan Delaney Representation: Counsel: N Keay (Crown) D Berents (Offender)

Solicitors: Director of Public Prosecutions (Crown) Kim Bolas Legal Group (Offender) File Number(s): 2019/405941 Publication restriction: No

Judgment 1. Alan William Delaney was tried by jury at Queanbeyan during February 2022 on a charge that in that town on 26 December 2019 he did murder Aaron Baxter. By verdict returned on 22 February 2022 he was found guilty. 2. The evidence and submissions relative to sentence have been received today. Sentence is now to be passed, taking into account that the maximum penalty is imprisonment for life and that a standard non-parole period of 20 years is prescribed under s 54 of the Crime (Sentencing Procedure) Act 1999 (NSW). The culpability of the offender in this murder was not so extreme as to warrant imprisonment for life and a sentence of a finite term of years will be ordered.