R v Delaney [2022] NSWSC 1327

Supreme Court New South Wales

Medium Neutral Citation: R v Delaney [2022] NSWSC 1327 Hearing dates: 1 September 2022 Date of orders: 19 October 2022 Decision date: 19 October 2022 Jurisdiction: Common Law Before: Garling J Decision: (1) For the offence of the murder of Gabriella Delaney, I impose a sentence of imprisonment comprising a non-parole period of 15 years and 9 months with a balance of term of 5 years and 3 months to commence on 9 June 2020. (2) The first date upon which the Offender will be eligible to be released on parole is 8 March 2036. Catchwords: CRIME — Murder — Sentence after guilty plea —Objectively serious crime — Offence committed by brother of deceased in her home — History of mental illness and drug abuse and addiction — Diagnosis of schizophrenia — Offence occurred in the context of acute intoxication — Offender's prior good character taken into account subject to continued drug use and objectively serious offence — Some evidence of remorse — Discount for utilitarian value of guilty plea — No special circumstances Legislation Cited: Crimes Act 1900 ss 19A(1), 23A Crimes (High Risk Offenders) Act 2006 Crimes (Sentencing Procedure) Act 1999 Div 1A, ss 3A, 21A, 25D(2)(a), 30E(3), 44(2) Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Cheung v The Queen (2001) 209 CLR 1; [2001] HCA 67 Madden v R [2011] NSWCCA 254 Markarian v R (2005) 228 CLR 357; [2005] HCA 25 Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 R v Gagalowicz [2005] NSWCCA 452 R v Henry (1999) 46 NSWLR 346; [1999] NSWCCA 111 R v Isaacs (1997) 41 NSWLR 374 The Queen v Olbrich (1999) 199 CLR 270; [1999] HCA 54 Texts Cited: Not applicable Category: Sentence Parties: The Crown Lucas Delaney (Offender) Representation: Counsel: R Kotsis (Crown) B Royce (Offender)