R v SMP [1999] NSWCCA 318

New South Wales Court of Criminal Appeal CITATION : R v SMP [1999] NSWCCA 318 FILE NUMBER(S) : CCA 60015 of 1999 HEARING DATE(S) : 11/10/1999 JUDGMENT DATE : 15 October 1999

PARTIES : SMP (applicant) Regina (respondent) JUDGMENT OF : Sully J at 1; Hidden J at 1; Greg James J at 1

LOWER COURT JURISDICTION : Supreme Court LOWER COURT FILE NUMBER(S) : 70095/97 LOWER COURT JUDICIAL OFFICER : Barr J

COUNSEL : P J D Hamill (applicant) C K Maxwell QC (respondent) SOLICITORS : Legal Aid Commission (applicant) Director of Public Prosecutions (respondent) CATCHWORDS : Sentence - manslaughter - juvenile - use of knife - low level of culpability ACTS CITED : Children (Criminal Proceedings) Act 1986 R v Troja (CCA unreported 16 July 1991) Azar (1991) 56 ACrim R 414 CASES CITED: Taouk (CCA unreported 20 March 1992) Sofokleous (CCA unreported 13 December 1993) MacDonald (CCA unreported 12 December 1995) Bollen (CCA unreported 9 September 1997) R v Karhani (CCA unreported 14 October 1998) DECISION : Appeal allowed

IN THE COURT OF CRIMINAL APPEAL 60015 of 1999

SULLY J HIDDEN J GREG JAMES J

Friday 15 October 1999 Regina v SMP

Reasons for judgment

1 THE COURT: The applicant seeks leave to appeal against a sentence imposed upon him by Barr J for manslaughter. He had embarked upon a trial for murder, but on the second day of the trial the Crown accepted his plea of guilty to manslaughter in full discharge of the indictment. In passing sentence, his Honour took into account a related offence of obtaining a sum of money by deception. The applicant was sentenced to penal servitude for seven years, comprising a minimum term of four years and an additional term of three years, and his Honour directed that the sentence be served in a detention centre until he turned twenty-one. The sentence was to date from 14 May 1997, the day the applicant was taken into custody.