R v King; R v York [2024] NSWSC 620

Supreme Court New South Wales

Medium Neutral Citation: R v King; R v York [2024] NSWSC 620 Hearing dates: 26 April 2024 Date of orders: 23 May 2024 Decision date: 23 May 2024 Jurisdiction: Common Law Before: N Adams J Decision: Tyler King For the offence of manslaughter Tyler King is convicted and sentenced to: (1) Imprisonment for a term of 6 years and 9 months to commence on 21 April 2023 and to expire on 20 January 2030. (2) The non-parole period is 4 years and 3 months commencing on 21 April 2023 and expiring on 20 July 2027. (3) Pursuant to s 25C of the Crimes (High Risk Offenders) Act 2006 (NSW), Tyler King is advised of the existence of that Act and of its application to the offences of which he has been convicted. His legal representatives are directed to advise him of the implications of those matters to him. Maddison York (1) For the offence of accessory after the fact to manslaughter Maddison York is convicted and released with no other penalty imposed pursuant to s 10A of the Crimes (Sentencing Procedure Act) 1999 (NSW). Catchwords: SENTENCE – MANSLAUGHTER – self-defence – excessive self-defence – plea of guilty – special circumstances SENTENCE – MANSLAUGHTER – excessive self-defence – accessory after the fact – pre-sentence custody – conviction without further penalty Legislation Cited: Crimes Act 1900 (NSW), ss 18(1)(b), 350, 421(1) Crimes (High Risk Offenders) Act 2006 (NSW), s 25C Crimes (Sentencing Procedure) Act 1999 (NSW), ss 5(1), 9, 10A, 24, 71, 86 Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Dungay v R [2020] NSWCCA 209 Fuller v R [2022] NSWCCA 203 Markarian v R (2005) 228 CLR 357; [2005] HCA 25 Newburn v R [2022] NSWCCA 139 Paterson v R [2021] NSWCCA 273 Quinn v R [2023] NSWCCA 229 R v Charters [2020] NSWSC 842 R v Hannah Quinn (No 1) [2021] NSWSC 493 R v Lavender (2005) 222 CLR 67; [2005] HCA 37 R v Muddle [2004] NSWSC 403 R v Nancarrow [2022] NSWSC 455 R v Olbrich (1999) 199 CLR 270; [1999] HCA 54 R v Blacklidge (Court of Criminal Appeal (NSW), Gleeson CJ, 12 December 1995, unrep) Smith v R [2015] NSWCCA 193 R v Stanley (No 2) [2023] NSWSC 74 TT v R [2014] NSWCCA 206 Category: Sentence Parties: Rex (Crown) Tyler Edwin King (Offender) Maddison York (Offender) Representation: Counsel: B Queenan (Crown) P Krisenthal (Offender King) D Stewart (Offender York)