R v Crane & Ors [2022] NSWSC 1545

Supreme Court New South Wales

Medium Neutral Citation: R v Crane & Ors [2022] NSWSC 1545 Hearing dates: 3 and 4 November 2022 Date of orders: 11 November 2022 Decision date: 11 November 2022 Jurisdiction: Common Law Before: Fagan J Decision: Adam Symons is sentenced to 18 years with a non-parole period of 12 years commencing on 31 October 2017. Beau McDonald is sentenced to 17 years and 6 months with a non-parole period of 11 years and 6 months commencing on 8 September 2018. Guy Robertson is sentenced to 19 years with a non-parole period of 13 years commencing on 21 December 2017. Jake McDonough is sentenced to 7 years and 6 months with a non-parole period of 5 years commencing on 20 March 2018. Colin Crane is sentenced to 16 years with a non-parole period of 10 years and 9 months commencing on 8 April 2019. James Crane is sentenced to 6 years with a non-parole period of 4 years commencing on 28 January 2020. Catchwords: CRIME – Sentencing – murder – liability on the basis of extended joint criminal enterprise – foresight of the possibility of intentional infliction of grievous bodily harm – accessories before the fact – manslaughter by unlawful and dangerous act – where offenders members of the Rebels outlaw motorcycle gang – where deceased violently bashed by four assailants at the request of another offender – where accessories involved in relaying information as to the location of the deceased Legislation Cited: Crimes Act 1900 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Aoun v R [2007] NSWCCA 292 Miller v The Queen (2016) 259 CLR 380; [2016] HCA 30 Wilson v The Queen (1992) 174 CLR 313; [1992] HCA 31 Category: Sentence Parties: Regina (Crown) Colin Stephen Crane (offender) James Peter Crane (offender) Adam David Symons (offender) Beau Andrew McDonald (offender) Guy Robertson (offender) Jake William McDonough (offender) Representation: Counsel: F Gray (Crown) P Young SC (offender C.Crane) S Boland (offender J.Crane) J Trevallion (offender Symons) T Hughes (offender McDonald) W Flynn (offender Robertson) N Steel (offender McDonough) File Number(s): 2018/228604; 2019/00134906; 2017/00329279; 2017/00386819; 2017/00387058; 2017/00387048 Publication restriction: No