Regina v Lynch [2002] NSWSC 1140

New South Wales Supreme Court

CITATION : Regina v Lynch [2002] NSWSC 1140 CURRENT JURISDICTION: Criminal FILE NUMBER(S) : SC 70030/02 HEARING DATE(S) : 22/07/02, 23/07/022, 24/07/02, 25/07/02, 18/11/02, JUDGMENT DATE : 20 November 2002

PARTIES : Regina v Kevin James Lynch JUDGMENT OF : Whealy J at 1

COUNSEL : W.Creasey - Crown D. Stewart - Offender SOLICITORS : Office of the Solicitor for Public Prosecutions - Crown Ross Hill & Associates - Chinatown, Sydney LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Alexander (1994) 78 A Crim R 141 at 144 Tumanako 64 A Crim R 149 at 155 Pearce v Regina 194 (1998) CLR610 at 662-664 Larsen (1989) 44 A Crim R 121 at 127 CASES CITED : Hill (1981) 3 A Crim R 397 at 402 per Street CJ MacDonald NSWCCA 12 December 1985 R v Previtera (1997) 94 A Crim R 76 Bollen v R (1998) 99 A Crim R 510 Simpson (2001) NSWCCA 534 DECISION : Kevin James Lynch, in relation to the charge of malicious woundign with intent I sentence you to a head term of imprisonment of 4 years and 3 months. The sentecne is to commence on 12 August 2001. I set a non-parole period of 3 years and 2 months to expire on 11 October 2004. The date you would be eligible for parole but for the sentence I am about to impose in relation to the manslaughter conviction is 11 October 2004.; In relation to the conviction for manslaughter I sentence you to a head term of 7 years and 8 months imprisonment. The sentence is to date from 12 August 2002. I set a non-parole period of 5 years and 9 months commencing on 12 August 2002 and expiring on 11 May 2008. The prisoner will be eligible to be released to parole on 11 May 2008.