R v Rae (No 2) [2024] NSWSC 713

Supreme Court New South Wales

Medium Neutral Citation: R v Rae (No 2) [2024] NSWSC 713 Hearing dates: 11 June 2024 Date of orders: 13 June 2024 Decision date: 13 June 2024 Jurisdiction: Common Law Before: N Adams J Decision: For the offence of manslaughter, Michael Rae I convict you and sentence you to: (1) Imprisonment for a term of 9 years to commence on 1 August 2023 and expire on 31 July 2032. (2) The non-parole period is 5 years and 9 months commencing on 1 August 2023 and expiring on 30 April 2029. The offender will be eligible for parole on 30 April 2029. I note that the effective total head sentence is 11 years from 1 August 2021 until 31 July 2032 and the effective non-parole period is 7 years and 9 months to expire on 30 April 2029. (3) Pursuant to s 25C of the Crimes (High Risk Offenders) Act 2006 (NSW), the offender 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 requested to advise him of the implications of that Act to him. Catchwords: SENTENCE – Manslaughter – unlawful and dangerous act – accidental shooting – late guilty plea – extensive criminal history – aggravating factor of committing offence whilst on parole – much of offender's adult life spent in custody – offence committed whilst offender on parole – genuine remorse established – difficult childhood with family mental health issues – both parents committed suicide – moral culpability reduced – history of illicit substance abuse – totality principle Legislation Cited: Crimes Act 1900 (NSW), s 18(1)(b) Crimes (High Risk Offenders) Act 2006 (NSW), s 25C Crimes (Sentencing Procedure) Act 1999 (NSW) ss 25E(3), 44(2) Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Markarian v R (2005) 228 CLR 357; [2005] HCA 25 Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 Dungay v R [2020] NSWCCA 209 Filippou v The Queen (2015) 256 CLR 47; [2015] HCA 29 Harris v R [2023] NSWCCA 44 Huynh v R [2024] NSWCCA 61 Lloyd v R [2022] NSWCCA 18 Paterson v R [2021] NSWCCA 273 R v Abbas [2014] NSWCCA 188 R v Blacklidge (Court of Criminal Appeal (NSW), Gleeson CJ, 12 December 1995, unrep) R v Carberry (No 5) [2023] NSWSC 523 R v Forbes [2004] NSWSC 421 R v Forbes [2005] NSWCCA 377; (2005) 160 A Crim R 1 R v Millwood [2012] NSWCCA 2 R v Olbrich (1999) 199 CLR 270; [1999] HCA 54 R v Pennisi [2001] NSWSC 461 R v Rae [2013] NSWCCA 9 R v Van Oosterum [2004] NSWSC 532 Category: Sentence Parties: Rex (Crown) Michael Rae (Offender) Representation: Counsel: L Carr SC/M Coates (Crown) P Rosser KC (Offender)