Regina v Solkan Mohammad Donaczy [2009] NSWDC 63

New South Wales District Court

CITATION: Regina v Solkan Mohammad Donaczy [2009] NSWDC 63

HEARING DATE(S): 6 March 2009

JUDGMENT DATE: 6 March 2009

JURISDICTION: Criminal

JUDGMENT OF: Conlon SC DCJ

DECISION: The offender is sentenced to a non-parole period of 3 years and 6 months to date from 6 March 2009 and to expire on 5 September 2012. And an additional term of 2 years and 6 month expiring on 5 March 2015. The offender is elegible to be released to parole on 5 September 2012.

CATCHWORDS: offences against the person - manslaughter - sentence

LEGISLATION CITED: Crimes Act 1900 Crimes(Sentencing and Procedure) Act 1999

R v Blacklidge(unreported NSWCCA 12 December 1995) R v Privitera(1997) 94 ACR 75 R v Bollen (1998) 99 ACR 510 R v Fernando (1992) 76 ACR 58) R v Forbes (2005) NSW CCA 337 R v Carroll (2008) NSW CCA 218 CASES CITED: Hopley v R(2008) NSW CCA 105 R v Edward David Zammit (2008) NSW CCA 317 R v Smith (2008) NSW SC 201 R v CK and R v TCS (2007) NSW SC 1424 R v KT (2007) NSW SC 83 R v O'Hare (2003) NSW SC 652 KT v R (2008)NSWCCA 51

PARTIES: Crown Solkan Mohammad Donaczy

FILE NUMBER(S): 2008/11315

COUNSEL: Mr M.Fox (Crown) Mr P.Young SC and Ms C.Doosey ( Defence)

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JUDGMENT

1 HIS HONOUR: The offender, Solkan Mohammad Donaczy, was charged with manslaughter of the deceased, Scott Mahoney, at Port Kembla on 17 March 2007. The basis of the manslaughter charge was death by an unlawful and dangerous act. The offence carries a maximum penalty of imprisonment for twenty-five years. Of course, only a matter falling within the most grave category could attract a sentence approaching the maximum penalty.