R v EE [2023] NSWSC 104

Supreme Court New South Wales

Medium Neutral Citation: R v EE [2023] NSWSC 104 Hearing dates: 28 July 2022, final written submissions 16 February 2023 Date of orders: 17 February 2023 Decision date: 17 February 2023 Jurisdiction: Common Law Before: Wright J Decision: (1) The offender is sentenced for the offence of murder, taking into account the offence of robbery with intent to rob on the Form 1, to imprisonment for a non-parole period of 4 years and 2 months commencing on 23 December 2020 and expiring on 22 February 2025 and a balance of term of 2 years and 1 month expiring 22 March 2027. (2) Pursuant to s 19(1) and (2)(a) of the Children (Criminal Proceedings) Act 1987 (NSW), it is directed that the offender serve the whole of the non-parole period of his sentence as a juvenile offender. Catchwords: CRIME – Sentence – Constructive murder – Offender pleaded guilty – Juvenile at time of offending – No substantial involvement in acts leading to death of the deceased – Below mid-range of objective seriousness – Discounts for plea of guilty and assistance – Significant subjective case Legislation Cited: Crimes Act 1900 (NSW), ss 18, 94(a), 97 Children (Criminal Proceedings) Act 1987 (NSW), Div 4 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 5, 21A, 23, 23A, 24, 25A(1), 44, 47, 54D Crimes (High Risk Offenders) Act 2006, ss 25(C) Cases Cited: Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146; [2002] NSWCCA 518 BP v R [2010] NSWCCA 159; 201 A Crim R 379 at 388 Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 DS v R, DM v R [2022] NSWCCA 156 Lowe v The Queen (1984) 154 CLR 606; [1984] HCA 46 R v Jacobs [2004] NSWCCA 462; (2004) 151 A Crim R 452 R v Thompson and Houlton (2000) 49 NSWLR 383; [2000] NSWCCA 294 Category: Principal judgment Parties: Rex (Crown) EE (Offender) Representation: Counsel: Mr Marney (Crown) Mr Steel (Offender)