R v MR, JB and CS (young persons) (No 5) [2024] NSWSC 912

Supreme Court New South Wales

Medium Neutral Citation: R v MR, JB and CS (young persons) (No 5) [2024] NSWSC 912 Hearing dates: 14 June 2024 Date of orders: 26 July 2024 Decision date: 26 July 2024 Jurisdiction: Common Law Before: Huggett J Decision: 1. For the offence of Manslaughter, MR is convicted and sentenced to imprisonment for 4 years and 6 months to commence on 28 July 2022 and to expire on 27 January 2027 with a non-parole period of 2 years and 6 months to commence on 28 July 2022 and to expire on 27 January 2025. I order that MR serve the whole of his sentence prior to his release on parole as a juvenile offender. 2. For the offence of Affray against JB, without recording a conviction, pursuant to s 33(1)(a) of the Children (Criminal Proceedings) Act 1987 (NSW), the offence is dismissed. 3. For the offence of Wield Knife in a Public Place against JB, the offence is not proven and is dismissed. 4. For the offence of Affray against CS, without recording a conviction, pursuant to s 33(1)(a) of the Children (Criminal Proceedings) Act 1987 (NSW), the offence is dismissed. 5. For the offence of Wield Knife in a Public Place against CS, the offence is not proven and is dismissed. Catchwords: CRIME – sentence – manslaughter by excessive self-defence – affray – juvenile offenders – offences of lower objective seriousness – reduced moral culpability on account of background and immaturity Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW), Pt 3, Div 4, ss 3, 6, 19(3), 19(4), 19(4)(a), 31(6), 33(1)(a) Crimes Act 1900 (NSW), s 93C(1) Crimes (Sentencing Procedure) Act 1999 (NSW), ss 25E, 44(2) Summary Offences Act 1988 (NSW), s 11E(1)(a) Cases Cited: BP v R (2010) A Crim R 379 Markarian v R (2005) 228 CLR 357; [2005] HCA 25 R v Blacklidge (Court of Criminal Appeal (NSW), Gleeson CJ, 12 December 1995, unrep) R v GDP (1991) 53 A Crim R 112 R v Loveridge [2014] NSWCCA 120 R v Millwood [2012] NSWCCA 2 Tepania v R [2018] NSWCCA 247 Williams v R [2012] NSWCCA 172 Category: Principal judgment Parties: Rex (Crown) MR (Offender) JB (Offender) CS (Offender) Representation: Counsel: E Balodis (Crown) A Evers (MR) S Talbert (JB) C Wasley (CS)