R v HOPLEY [2007] NSWDC 46

New South Wales District Court

CITATION: R v HOPLEY [2007] NSWDC 46

13 Nov 2006 - 21 Nov 2006 Trial HEARING DATE(S): 16 Feb 2007 Sentence 9 Mar 2007 Sentence 16 Mar 2007 Sentence

JUDGMENT DATE: 16 March 2007

JURISDICTION: Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: The offender is sentenced to imprisonment. I set a non-parole period of three years to date from 21 May 2006. I set a head sentence of five years. The offender is eligible to be released to parole on 20 May 2009.

CATCHWORDS: Criminal Law - Sentence - Manslaughter - Single Parent - Exceptional Circumstances - A Single Blow has Caused Death

R v Day (1998) 100 A Crim R 275 R v Greneger [1999] NSWSC 380 CASES CITED: R v Maclurcan [2003] NSWSC 799 R v O'Hare [2003] NSWSC 562 R v Ristevski [1999] NSWSC 1248 R v Hyatt [2000] NSWSC 773

PARTIES: Crown Clint Hopley

FILE NUMBER(S): 05/11/1050

COUNSEL: P. Leask (Crown) S Hanley (Offender)

SOLICITORS: NSW DPP Legal Aid Commission

SENTENCE

1 HIS HONOUR: On 15 January 2005 two separate groups of friends went out for a good time. Shane Birss was in one group and Clint Hopley in the other. The two groups came together at the Malborough Hotel in Newtown with tragic results. In circumstances I will shortly explain, Mr Hopley punched Mr Birss twice before departing in a taxi, leaving Mr Birss dying on the ground.

2 The first interaction between the two groups came about when Clinton Hopley's nephew, Clint Wintle began dancing near some women from Mr Birss' group. They took objection to this and another person who was with Mr Birss, Stefan Baltakamens, told Mr Wintle rather succinctly, to "fuck off" and pushed him away.