R v White [2023] NSWSC 611

Supreme Court New South Wales

Medium Neutral Citation: R v White [2023] NSWSC 611 Hearing dates: 6 June 2023 Date of orders: 8 June 2023 Decision date: 08 June 2023 Jurisdiction: Common Law - Criminal Before: Beech-Jones CJ at CL Decision: The offender is sentenced to a term of imprisonment of 9 years commencing on 12 May 2020 and expiring on 11 May 2029. The Court sets a non-parole period of 6 years commencing on 12 May 2020. The balance of the term is 3 years commencing 12 May 2026 and expiring on 11 May 2029. Catchwords: CRIME — sentence — manslaughter by unlawful and dangerous act — plea of guilty — historical offending in 1988 — punch by offender that caused victim to fall off nearby cliff — where offender did not seek assistance or alert authorities after victim's fall — offender's cognitive impairment did not affect objective seriousness of offending — serious instance of manslaughter — victim impact statements — victim's family and partner experienced decades of grief and unanswered questions — offender's youth, degree of cognitive impairment and violent, dysfunctional background at the time of offending both contributed to offending and reduced offender's moral culpability — offender's remorse given little weight due to cognitive impairments — "ceiling principle" — sentenced imposed not to exceed offender's previous sentence for murder — sentencing principles as at the time of offending to be applied Legislation Cited: Crimes (Life Sentences) Amendment Act 1989 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes Act 1900 (NSW) Cases Cited: AJB v The Queen [2007] NSWCCA 51; (2007) 169 A Crim R 32 Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 DS v R (2022) 109 NSWLR 82; [2022] NSWCCA 156 Dulihanty v R [2013] NSWCCA 275 KT v R [2008] NSWCCA 51 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 Paterson v R [2021] NSWCCA 273 R v Armstrong [2015] NSWCCA 273 R v Blacklidge (Court of Criminal Appeal (NSW), 12 December 1995, unrep) R v Gilmore (1979) 1 A Crim R 416 R v MJR (2002) 54 NSWLR 368; [2002] NSWCCA 129 R v Olbrich (1999) 199 CLR 270; [1999] HCA 54 R v White [2022] NSWSC 11 R v White (No 2) [2022] NSWSC 65 R v White [2022] NSWSC 525 White v R [2022] NSWCCA 241 Wong v The Queen (2001) 207 CLR 584; [2001] HCA 64 Category: Sentence Parties: R (Crown) Scott Phillip White (Offender) Representation: Counsel: Mr B Hatfield (Crown) Mr T Game SC; Ms G Huxley (Offender)