Regina v Dimond [2000] NSWSC 1212

Reported Decision : 118 A Crim R 188

New South Wales Supreme Court

CITATION : Regina v Dimond [2000] NSWSC 1212 CURRENT JURISDICTION: Criminal FILE NUMBER(S) : SC 70019/00 HEARING DATE(S) : 20 November 2000 - 27 November 2000 JUDGMENT DATE : 18 December 2000

PARTIES : The Crown Jayde Philip Dimond JUDGMENT OF : Badgery-Parker AJ

COUNSEL : C K Maxwell QC (Crown) C J Lyons (Accused) SOLICITORS : Director of Public Prosecutions (Crown) Legal Aid of NSW (Accused) CATCHWORDS : Sentence - manslaughter by provocation - no question of principle LEGISLATION CITED : Crimes Act Crimes (Sentencing Procedure) Act R v Kenney (1983) VR 470 R v Tumanako (1992) 64 A Crim R 148 R v Blacklidge (unreported) NSWCCA 12 December 1995 CASES CITED : R v Alexander (1995) 78 A Crim R 141 R v Underhill (unreported) NSWCCA 9 May 1986) R v Pham (1991) 55 A Crim R 128 R v Moffitt (1990) 47 A Crim R 444 DECISION : See para 54

THE SUPREME COURT OF NEW SOUTH WALES CRIMINAL DIVISION

BADGERY-PARKER AJ

MONDAY, 18 DECEMBER 2000

70019/00 REGINA v Jayde Philip DIMOND SENTENCE

1 HIS HONOUR: In the early hours of 6 March 1999 in East Street, Harden the offender Jayde Philip Dimond stabbed Samuel Charles Dyball with a steak knife. Samuel Charles Dyball died at the scene. One of Dyball's companions, Benjamin Carl Irving, received a stab wound to the upper arm. 2 On 20 November 2000 the offender was indicted on a charge of murder. To that charge he pleaded not guilty of murder but guilty of manslaughter. On 27 November 2000 the jury returned a verdict to the same effect. 3 To a charge of using an offensive weapon with intent to maliciously wound Benjamin William Carl Irving, the offender pleaded not guilty. The jury acquitted him of that charge.