R v Bushell (No 20) [2023] NSWSC 1456

Supreme Court New South Wales

Medium Neutral Citation: R v Bushell (No 20) [2023] NSWSC 1456 Hearing dates: 26-28, 31 July, 1-4, 7-10, 14, 16-18, 21-23, 28-31 August, 1, 4-5 September, 10 November 2023 Decision date: 17 November 2023 Jurisdiction: Common Law Before: Rothman J Decision: (1) The offender is sentenced to an aggregate sentence of imprisonment being a non-parole period of 12 years' imprisonment commencing 28 April 2017 and concluding on 27 April 2029, with the balance of term of 6 years' imprisonment, concluding 27 April 2035. (2) The offender is first eligible for parole on 27 April 2029. (3) Pursuant to s 25C(1) of the Crimes (High Risk Offenders) Act 2006 (NSW), the offender is advised of the existence of that statute and that it may apply to him and to these offences and the offender's legal team is directed to explain the significance of this fact to the offender. Catchwords: CRIME – SENTENCING – manslaughter – factual dispute on sentence – plea to manslaughter on charge for murder – 25% discount – drug charges – totality – parity – sentence imposed Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW), s 25C(1) Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 5, 21A Crimes Act 1900 (NSW), s 18(1)(b) Drug Misuse and Trafficking Act 1985 (NSW), ss 24A(1)(a), 24(2), 25(2) Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 DPP (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 Veen v The Queen (No 2) (1988) 164 CLR 465; [1988] HCA 14 Category: Procedural rulings Parties: Rex (Crown) Daniel Michael Bushell (Offender) Representation: Counsel: G Wright SC/J Sfinas (Crown) R Pontello SC (Offender)