Regina v Leyman [2002] NSWSC 1226

New South Wales Supreme Court

CITATION : Regina v Leyman [2002] NSWSC 1226 FILE NUMBER(S) : SC 700079/01 HEARING DATE(S) : 01/05/02 JUDGMENT DATE : 19 December 2002

PARTIES : Regina Jerome William Leyman JUDGMENT OF : Hidden J at 1

COUNSEL : Mr B Smith - Crown Mr P Boulten - Offender SOLICITORS : SE O'Connor - Crown Stephen Dack & Associates - Offender CATCHWORDS : CRIMINAL LAW: Sentence - manslaughter - unlawful and dangerous act. DECISION : See para 12

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

HIDDEN J

19 December, 2002

700079/01 – REGINA v Jerome William LEYMAN

SENTENCE 1 HIS HONOUR: The offender, Jerome William Leyman, was charged with the murder of Anthony Alexander Costello at Woolloomooloo on 11 November, 2000. His plea of guilty to manslaughter was accepted by the Crown prosecutor in discharge of that indictment. He asks that I take into account when sentencing him an offence of possessing an unlicensed firearm, a .22 calibre rifle, on a Form 1. The major offence was committed in the company of his friend, Wesley Patric Waterman, whom I sentenced yesterday.

Facts 2 I summarised the events giving rise to the death of the deceased when I sentenced Mr Waterman, and I need not repeat them. This offender pleaded guilty upon the basis that he accompanied Mr Waterman to confront the deceased, knowing that his companion was armed with a knife and contemplating the possibility that it might be used to cause injury, although not grievous bodily harm. He does not deny having kicked the deceased but, like Mr Waterman, I think it unlikely that he was aware at that time that the deceased was seriously wounded. Also like Mr Waterman, he was intoxicated at all relevant times.