R v Conway [2023] NSWSC 55

Supreme Court New South Wales

Medium Neutral Citation: R v Conway [2023] NSWSC 55 Hearing dates: 3 February 2023 Decision date: 03 February 2023 Jurisdiction: Common Law Before: Wilson J Decision: 1. The offender is sentenced to a term of imprisonment of 16 years, to date from 16 March 2021, expiring on 15 March 2037, with a non-parole period of 12 years fixed, expiring on 15 March 2033. Catchwords: CRIME – sentence – murder – sentence after trial – deceased stabbed with a knife – single penetrating wound – intention to inflict grievous bodily harm – intention held fleetingly – spontaneous offence - offender and deceased friends – no history of hostility or dispute – evidence of remorse – offender with a background of deprivation – longstanding history of drug use – role of drug use in the commission of the offence Legislation Cited: Crimes Act 1900 (NSW), s 18(1)(a) Cases Cited: Bugmy v R (2013) 249 CLR 571; [2013] HCA 37 FL v R [2020] NSWCCA 114 R v Isaacs (1997) 41 NSWLR 374; (1997) 90 A Crim R 587 Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 Category: Sentence Parties: Rex (Crown) Ian Matthew Conway (Offender) Representation: Counsel: L Shaw (Crown) D Stewart (Offender)

Solicitors: Solicitor for Public Prosecutions (NSW) (Crown) Ross Hill & Associate Solicitors (Offender) File Number(s): 2021/00074864 Publication restriction: Nil

JUDGMENT 1. HER HONOUR: If an example was needed to illustrate the pointless and destructive dangerousness of illicit drug use, the case before the Court today is it. On or about 8 March 2021 Christopher Ward died needlessly and violently for no better reason than that both he and his murderer, the offender Ian Conway, had been using and were badly affected by drugs. Mr Conway stood trial for the murder of Mr Ward from 31 October 2022 to 11 November 2022 before this Court sitting at Newcastle. A verdict of guilty was returned against him by the jury on the last day of proceedings. He appears today to be sentenced for his crime. 2. Murder is an offence contrary to s 18(1)(a) of the Crimes Act 1900 (NSW). It carries a maximum sentence of life imprisonment and, in the circumstances of this case, a standard non parole period of 20 years' imprisonment applies; these are the statutory guideposts to which the Court must have regard in determining sentence.