R v Early (No 8) [2023] NSWSC 1222

Supreme Court New South Wales

Medium Neutral Citation: R v Early (No 8) [2023] NSWSC 1222 Hearing dates: 29 September 2023 Date of orders: 20 October 2023 Decision date: 20 October 2023 Jurisdiction: Common Law Before: Yehia J Decision: (1) The offender is convicted. (2) I impose a term of imprisonment comprising a non-parole period of 15 years and 6 months, commencing on 8 October 2021, and expiring on 7 April 2037, with a balance of term of 6 years and 6 months imprisonment. The total of term is 22 years imprisonment. The offender will be eligible for parole on 7 April 2037. (3) In compliance with s 25C of the Crimes (High Risk Offenders) Act 2006 (NSW), I note that the provisions of that Act have potential application to the offender. I direct that the offender's legal representatives advise him of the existence of the Act and its application to this offence. (4) I recommend that Stanley Bruce Early be detained at Long Bay Hospital so that his mental health needs can be addressed. Catchwords: CRIME — Sentence — Murder – Intention to cause really serious bodily harm — Historical offending in 1987 — Where the offender was a party to a joint criminal enterprise to assault the deceased with an intention to cause really serious bodily harm — Where the offence is motivated by hatred for and prejudice against homosexual men — Victim's family experienced decades of grief and suffering — Regard to sentencing patterns at the time of the offending Legislation Cited: Crimes Act 1900 (NSW), ss 18(1)(a), 19 Crimes (High Risk Offenders) Act 2006 (NSW), s 25C Crimes (Life Sentences) Amendment Act 1989 (NSW), s 19A Crimes Sentencing Procedure Act 1999 (NSW), ss 21A(2)(h), 21B(1), 61(1) Cases Cited: Apps v R [2006] NSWCCA 290 Charbaji v R [2019] NSWCCA 28 DH v R [2022] NSWCCA 200 Kochai v R [2023] NSWCCA 116 R v Anthony Robert Williams [2005] NSWCCA 99 R v Calleja (Supreme Court (NSW), Slattery AJ, 19 July 1991, unrep) R v Holyoak (1995) 82 A Crim R 502 R v Katsis [2018] NSWCCA 9 R v Livermore (Supreme Court (NSW), Hunt CJ at CL, 30 November 1992, unrep) R v McAuliffe & Ors (Supreme Court (NSW), Wood J, 7 August 1992, unrep) R v Mihailovic; R v Howard; R v Morgan; R v Young (Supreme Court (NSW), Badgery-Parker J, 15 April 1991, unrep) R v MJR (2002) 54 NSWLR 368; [2002] NSWCCA 129 R v Neale [2004] NSWCCA 311; (2004) 148 A Crim R 493 R v Pham (2015) 256 CLR 550; [2015] HCA 39 R v RLP [2009] VSCA 271; (2009) 213 A Crim R 461 R v Walker [2023] NSWCCA 219 R v White [2022] NSWSC 525 R v White [2023] NSWSC 611 Versluys v R [2008] NSWCCA 76 Category: Sentence Parties: Rex (Crown) Stanley Bruce Early (Offender) Representation: Counsel: K McKay SC (Crown) T D Anderson SC (Offender)