R v KORHONEN [1999] NSWSC 933

New South Wales Supreme Court CITATION : R v KORHONEN [1999] NSWSC 933 revised - 04/11/99 CURRENT JURISDICTION : Criminal Division FILE NUMBER(S) : 70076/97 HEARING DATE(S) : 13/08/99 15/09/99 JUDGMENT DATE : 1 October 1999

PARTIES : Crown: Director of Public Prosecutions Prisoner: Tomi Antero Korhonen JUDGMENT OF : Hulme J at 1

COUNSEL : Crown: Mr J Bennett Prisoner: Ms S Kluss SOLICITORS : Crown: Director of Public Prosecutions Prisoner: Heidi Muggenthaler & Associates CATCHWORDS : Criminal law; sentencing; manslaughter; recognisance DECISION : Released on recognisance

IN THE SUPREME COURT OF NEW SOUTH WALES CRIMINAL DIVISION

NO: 910076 of 1997 1 October 1999 HULME J REGINA v Tomi Antero KORHONEN

JUDGMENT

HIS HONOUR :

( NOTE : During the trial in this matter, I made an order that there be no identification of the Prisoner other than by the pseudonym "K" in any report of the proceedings and later a further order that there be no publication of (the names of) the persons named in the departmental file (of the Department of Community Services). It is appropriate to limit that order to persons (other than the deceased) to whose care the Prisoner was entrusted over the years, and to add the qualification "otherwise than by their initials". I now so order. Consistently with that order, I intend to refer to such persons by their initials.

In large part these Reasons were prepared prior to any decision being made as to the appropriate sentence to be imposed. It is convenient to continue to refer to K as "the Prisoner", notwithstanding the order made prior to the publication of these Reasons.) 1 A decision as to the appropriate sentence to be imposed in this case was difficult. The circumstances presented starkly the competing requirements of deterrence and retribution on the one hand, and rehabilitation and allowance for the subjective considerations of the Prisoner on the other. Ultimately I decided he should be placed on recognisance. These are the reasons for that decision.