R v Oliver [2024] NSWSC 1571

Supreme Court New South Wales

Medium Neutral Citation: R v Oliver [2024] NSWSC 1571 Hearing dates: 25 October 2024 Decision date: 06 December 2024 Jurisdiction: Common Law Before: Ierace J Decision: (1) Mr Oliver is sentenced to an aggregate sentence of imprisonment of 11 years, back-dated to commence on 5 October 2022 and expiring on 4 October 2033, with a non-parole period of 7 years, expiring on 4 October 2029. (2) I recommend that the offender's legal representatives provide Justice Heath a copy of the report of Dr Emma Collins, dated 16 September 2024. (3) In compliance with s 25C of the Crimes (High Risk Offenders) Act 2006 (NSW), I direct that the offender's legal representatives advise him of the existence of the Act and its application to this offence. Catchwords: SENTENCING – Manslaughter – Intentionally damaging property by means of fire in company – Guilty pleas – Joint criminal enterprise to assault the deceased with a co-perpetrator – Did not foresee the possibility that the co-perpetrator would use force to intentionally kill, or inflict grievous bodily harm on the deceased – Offender present when co-perpetrator rendered the fatal assault – attempt to cover up crime by burning deceased's apartment – whether Bugmy and De La Rosa reduce moral culpability Legislation Cited: Crimes Act 1900 (NSW), ss 18(1)(a),(b), 195(1A)(b) Crimes (High Risk Offenders) Act 2006 (NSW), s 25C Crimes (Sentencing Procedure Act) 1999 (NSW), ss 21A(2)(eb), (j), (n), 25D(2)(b)(i) Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Department of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 Du Plessis v R [2024] NSWCCA 164 Lane v R [2013] NSWCCA 317; (2013) 241 A Crim R 321 R v Forbes [2005] NSWCCA 377; (2005) 160 A Crim R 1 R v Loveridge [2014] NSWCCA 120; (2014) 243 A Crim R 31 R v Sumpton (No 4) [2015] NSWSC 684 R v Wilkinson (No 5) [2009] NSWSC 432 Sumpton v R [2016] NSWCCA 162 Category: Sentence Parties: Rex Dalton Trent Oliver (Offender) Representation: Counsel: Mr J Stanhope (Crown) Ms E McLaughlin (Offender)