R v Parkes (No 3) [2024] NSWSC 910

Supreme Court New South Wales

Medium Neutral Citation: R v Parkes (No 3) [2024] NSWSC 910 Hearing dates: 16 July 2024 Date of orders: 26 July 2024 Decision date: 26 July 2024 Jurisdiction: Common Law Before: N Adams J Decision: For the offence of murder the offender is sentenced to: (1) Imprisonment for a term of 31 years to commence on 14 February 2022 and expire on 13 February 2053. (2) The non-parole period is 21 years and 6 months to commence on 14 February 2022 and expire on 13 August 2043. The offender will be eligible for parole on 13 August 2043. I note that the effective total head sentence (having regard to the sentence already served) from 14 August 2020 is 32 years and 6 months and the effective non-parole period is 23 years. (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 offence of which he has been convicted. His legal representatives are requested to advise him of the implications of that Act to him. Catchwords: SENTENCE – MURDER – offender found guilty at trial – joint criminal enterprise – where not possible to find offender committed physical act causing death beyond reasonable doubt or that co-offender did on balance of probabilities – no remorse – no discount for assistance – totality – reasonable prospect of rehabilitation – hardship in custody related to former OMCG membership – custody throughout COVID-19 pandemic – mental health – special circumstances Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW), s 25C Crimes (Sentencing Procedure) Act 1999 (NSW), ss 30(E)(1), s 30E(3), 44(2), s 54B, 61(1) Crimes Act 1914 (Cth), ss 18(1)(a), 20(1)(b) Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Filippou v The Queen (2015) 256 CLR 47; [2015] HCA 29 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 Park v R [2019] NSWCCA 105 R v Henry (1999) 46 NSWLR 346; [1999] NSWCCA 111 R v Isaacs (1997) 41 NSWLR 374 R v Simpson (2001) 53 NSWLR 704; [2001] NSWCCA 534 The Queen v Olbrich (1999) 199 CLR 270; [1999] HCA 54 Category: Sentence Parties: Rex (Crown) Benjamin Troy Parkes (Offender) Representation: Counsel: D Robinson (Crown) N Steel (Offender)