Regina v P Helman [2001] NSWSC 1127

New South Wales Supreme Court

CITATION : Regina v P Helman [2001] NSWSC 1127 CURRENT JURISDICTION: Criminal Division FILE NUMBER(S) : SC 70084/01 HEARING DATE(S) : 28/11/01 JUDGMENT DATE : 18 December 2001

PARTIES : Regina Paul Helman JUDGMENT OF : Kirby J

COUNSEL : P Power (Crown) A Martin (Accused) SOLICITORS : L Coffey (DPP) Voros Lawyers CATCHWORDS : Judgment on sentence - Plea of guilty to murder - Whether premeditation involved - Long term drug and alcohol abuse - Special circumstances LEGISLATION CITED : Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Savvas v The Queen (1995) 183 CLR 1 CASES CITED : R v Storey (1997) 89 A Crim R 519 R v Olbrich (1999) 199 CLR 270 R v Previtera (1997) 94 A Crim R 76 DECISION : Sentence para 40

IN THE SUPREME COURT OF NEW SOUTH WALES CRIMINAL DIVISION KIRBY J

TUESDAY 18 DECEMBER 2001 70084/01 - REGINA v Paul HELMAN

JUDGMENT ON SENTENCE 1 KIRBY J: On Monday 3 December 2001, Mr Paul Helman pleaded guilty to the murder of Kevin John McLeod. It remains for me to pass sentence. Before I do so, I must determine the facts. The facts that must be determined are those relevant to the sentencing discretion (Savvas v The Queen (1995) 183 CLR 1). Where facts are adverse, they must be established beyond reasonable doubt. Where they favour Mr Helman, it is enough that they should be proved on the balance of probabilities (R v Storey (1997) 89 A Crim R 519; R v Olbrich (1999) 199 CLR 270).

The Evidence on Sentence 2 The Crown brief was tendered (Exhibit B). It comprises witnesses' statements, photographs, and a lengthy interview with Mr Helman, recorded on video. The Crown also relied upon a report from Dr Nielssen (Exhibit D). Det Rodney Pistola gave brief evidence. 3 A report of Dr Westmore was tendered on Mr Helman's behalf (Exhibit 1). His sister, Ms Helen Helman, gave brief evidence. Mr Helman did not give evidence.