Regina -v- Naudin [2000] NSWSC 18

New South Wales Supreme Court

CITATION : Regina -v- Naudin [2000] NSWSC 18 FILE NUMBER(S) : SC 70098/97 HEARING DATE(S) : 16/12/99 JUDGMENT DATE : 4 February 2000

PARTIES : Regina -v- Eric Naudin JUDGMENT OF : Dowd J at 1

COUNSEL : Crown: Mrs Robinson QC Defence: Mr Craigie SOLICITORS : Crown: Solicitor for Public Prosecutions Defence: Legal Aid Commission CATCHWORDS : manslaughter - intoxication LEGISLATION CITED : Sentencing Act 1989 Victims Rights Act 1996 Regina -v- Previtera (1997) 94 A Crim R 67 Regina -v- Green, unreported NSW CCA 18 May 1999 Regina -v- Troja, unreported NSW CCA 16 July 1991 CASES CITED : Regina -v- Sofokleous, unreported NSW CCA 13 December 1993 Regina -v- SNP, unreported NSW CCA 15 October 1999 Regina -v- Gould, unreported NSW CCA 2 July 1999 Regina -v- Veen (No.2) (1998) 164 CLR 465 Scognamiglao 56 A Crim R 81 DECISION : Convicted of manslaughter; Sentence of six years, three year minimum term and additional term of three years

IN THE SUPREME COURT OF NEW SOUTH WALES (CRIMINAL JURISDICTION)

DOWD J

FRIDAY 4 FEBRUARY 2000

REGINA -v- ERIC NAUDIN

1 The prisoner, Eric Naudin was indicted on 16 December 1999 that on 27 July 1997 at Concord West in this State he did murder Kenneth John Gill. The prisoner pleaded not guilty to murder but guilty to manslaughter by an unlawful and dangerous act. This plea of manslaughter was accepted in full discharge of the indictment. 2 The facts of the offence were that on Saturday 26 July 1997 the prisoner was with the deceased in the boarding house where they both boarders in Concord West. The prisoner and the deceased had been friends for the three previous weeks. There had been no violence or significant animosity between them. 3 On 26 July from about 9.00 am both of them consumed a number of glasses of wine at those premises and then walked some distance to Strathfield to purchase two large wine casks. On the return trip they stopped at a garage sale and purchased two decks of miniature playing cards. 4 On returning to the prisoner's premises both in the yard at the rear and later in the prisoner's unit more alcohol was consumed being approximately two litres of wine each. About 1.00 in the morning of Sunday 27 July 1997 an argument broke out between the two men in relation to a game they were playing with cards which involved sorting the cards into colours and suits. 5 In a record of interview admitted in evidence before me on sentence the prisoner said that there had been an argument between the deceased and himself, although during the friendship which has lasted the previous three weeks they had not had any problems or arguments. 6 The prisoner told police that the deceased took one of his chef's knives and held it close to the prisoner's face. The knife which was extremely sharp was kept on an open shelf. The prisoner a chef was conscious of the danger of knives. The prisoner repeated the request. The prisoner told the police that he told the deceased put the knife down saying that they were not toys but tools. Both of them were fairly drunk at that stage. The deceased called the prisoner an "arrogant bastard" on several occasions. A neighbour in the guest house heard the prisoner call out "Get out, get out. Get out of my room. " He heard the deceased yell "not until you answer my question." 7 The knife was a Wiltshire brand knife with one sharp cutting edge. The deceased had not lunged or attacked the prisoner with the knife the deceased just held it in front of the prisoner's face calling him an "arrogant bastard." The prisoner said that the deceased was not waving the knife in his face but held it close to his cheek and the knife actually tipped his cheek. 8 As the deceased was holding the knife touching the point with his thumb he continued to abuse the prisoner. The prisoner said that he knew about knives and knew how to take knives away from people and that he believed that the deceased was going to put it in his face and slice his face or cut his face. The prisoner said that he grabbed the deceased's hands and twisted the knife back towards the deceased. The prisoner also said he took the knife from the deceased and "put it into him."