R v NH [2023] NSWSC 428

Supreme Court New South Wales

Medium Neutral Citation: R v NH [2023] NSWSC 428 Hearing dates: 13 April 2023 Date of orders: 27 April 2023 Decision date: 27 April 2023 Jurisdiction: Common Law - Criminal Before: Yehia J Decision: (i) The offender is convicted. (ii) The offender is sentenced to a term of imprisonment consisting of a non-parole period of 8 years and 6 months, commencing on 28 August 2020 and expiring on 27 February 2029, with a balance of term of 4 years 6 months, expiring on 27 August 2033. The total term is one of 13 years imprisonment. (iii) The offender will be eligible for release to parole on 27 February 2029. (iv) The undiscounted sentence is one of 26 years imprisonment. Catchwords: CRIMINAL LAW — sentence — joint criminal enterprise where agreement was to shoot the deceased with at least an intention to inflict grievous bodily harm — planning — where deceased shot while lying in his bed — deceased President of the Bandidos Central West Chapter — where offender has serious health issues — poor prognosis Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW), s 25C Crimes (Sentencing Procedure) Act 1999 (NSW), ss 21A(2)(I), 23(1), 61(1) Crimes (Sentencing Procedure) Amendment (Family Member Victim Impact Statement) Act 2014 (NSW) Crimes Act 1900 (NSW), ss 18(1)(a), 316(1) Firearms Act 1996 (NSW), s 7A(1) Cases Cited: Charbaji v R [2019] NSWCCA 28 DS v R; DM v R [2022] NSWCCA 156 Lowe v The Queen (1984) 154 CLR 606 Martinez v R [2022] NSWCCA 12 R v Merritt (2004) 59 NSWLR 557 Tepania v R [2018] NSWCCA 247 Versluys v R [2008] NSWCCA 76 Texts Cited: Australian Institute of Family Studies, The Long Term Effects of Child Sexual Abuse, CFCA 11 (2013) 14 Royal Commission into Institutional Responses to Child Sexual Abuse, Final Report, vol 3 (2017) 14 Category: Sentence Parties: Rex (Crown) NH (Offender) Representation: Counsel: S Everson SC (Crown) T D Anderson SC (Offender)