R v Staff [2024] NSWSC 1471

Supreme Court New South Wales

Medium Neutral Citation: R v Staff [2024] NSWSC 1471 Hearing dates: 16 August 2024 Date of orders: 22 November 2024 Decision date: 22 November 2024 Jurisdiction: Common Law Before: Lonergan J Decision: (1) For the offence of the manslaughter of Matthew Davis on 21 August 2021, applying a discount on sentence of 25% as required by law, the offender is sentenced to a term of imprisonment of 6 years with a non-parole period of 4 years 3 months. The sentence will commence on 18 May 2022. The non-parole period will expire on 17 August 2026. (2) The provisions of the Crimes (High Risk Offenders) Act 2006 (NSW) may apply to you, and I notify you accordingly and direct your legal representatives to explain the possible application of that Act to you. Catchwords: CRIME – sentencing – manslaughter – joint criminal enterprise – where offender went with two other men to where the deceased lived – where offender knew one of the men would "bash people for money" – jury verdict consistent with conclusion there was no intent to kill or cause grievous bodily harm but that offender knew an assault would occur – rejection of account (via gaol calls) that the offender only pointed out the house and did not know why the men wanted to go there – callous and cowardly failure to assist the deceased – moral culpability significant in the circumstances Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Kukovec v R [2014] NSWCCA 308 The Queen v Olbrich (1999) 199 CLR 270; [1999] HCA 54 Category: Sentence Parties: Rex (Crown) Stephen William Staff (Offender) Representation: Counsel: N Keay (Crown) A Evers (Offender)