R v White [2022] NSWSC 525

Supreme Court New South Wales

Medium Neutral Citation: R v White [2022] NSWSC 525 Hearing dates: 2 May 2022 Date of orders: 3 May 2022 Decision date: 03 May 2022 Jurisdiction: Common Law Before: Wilson J Decision: 1. The offender is sentenced to a term of imprisonment of 12 years and 7 months commencing on 12 May 2020 and ending on 11 December 2032. The non-parole period is a term of 8 years and 3 months, expiring on 11 August 2028, that being the date upon which the offender will become eligible for parole. Catchwords: CRIME – SENTENCE – Murder – plea of guilty - offence that occurred in 1988 – offender arrested in 2020 – sentencing patterns from the period of the commission of the offence – impact of delay upon sentence – offender aged 18 at time of offence and 51 at time of sentence – offender with cognitive impairment – disputed facts hearing – impact on statutory discount on sentence - remorse Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 at [177] R v Adams (No 7) [2017] NSWSC 179 R v Afu; R v Caleo (No 17) [2018] NSWSC 1127 R v Campbell (Supreme Court (NSW), Abadee J, 3 September 1993, unrep) R v Hungerford (Supreme Court (NSW), Newman J,17 August 1993, unrep) R v McDonald (Supreme Court (NSW), Levine J, 12 March 1993, unrep) R v Royall (Court of Criminal Appeal (NSW), Gleeson CJ, Wood J, Newman J, 12 July 1989, unrep) R v TNT [2002] NSWSC 537 R v Valiukas [2009] NSWSC 808 R v Warwick (No 94) [2020] NSWSC 1168 R v White [2022] NSWSC 11 Royall v The Queen (1991) 172 CLR 378; [1991] HCA 27 Category: Sentence Parties: Regina (Crown) Scott Phillip White (Accused) Representation: Counsel: B Hatfield (Crown) B Rigg SC & B Neild (Accused)