REGINA v Mark Daniel KIRKMAN [2002] NSWSC 1133

New South Wales Supreme Court

CITATION : REGINA v Mark Daniel KIRKMAN [2002] NSWSC 1133 FILE NUMBER(S) : SC 70070/01 HEARING DATE(S) : 7/3/02, 8/3/02, 11/3/02, 12/3/02, 13/3/02, 14/3/02, 18/3/02, 19/3/02, 20/3/02, 21/3/02, 22/3/02, 25/3/02, 26/3/02 JUDGMENT DATE : 24 May 2002

PARTIES : REGINA Mark Daniel KIRKMAN JUDGMENT OF : Bell J at 1

COUNSEL : Peter Barnett (Crown) Dina Yehia (Accused) SOLICITORS : SE O'Connor Legal Aid Commission of NSW CATCHWORDS : Sentence LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 CASES CITED : R v Previtera (197) 94 A Crim R 76 DECISION : Sentenced to imprisonment for a term of eighteen years; That sentence will be deemed to have commenced on 10 December 2000 and will expire on 9 December 2018; Specify a non-parole period of thirteen years and six months; The first date eligible for consideration for release on parole is 9 June 2014

IN THE SUPREME COURT OF NEW SOUTH WALES CRIMINAL DIVISION

BELL J

Friday 24 May 2002

70070/01 REGINA v Mark Daniel KIRKMAN

JUDGMENT 1 BELL J: On 7 March 2002 the offender, Mark Daniel Kirkman, was arraigned before me on an indictment charging him with the murder of Leroy Cochrane on or about 9 December 2000 at Wee Waa. He pleaded that he was not guilty of that charge. A jury was empanelled and he stood his trial. 2 On 26 March 2002 the jury returned a verdict of guilty. The proceedings were stood over to 10 May 2002 for sentence hearing.

3 The deceased was a twenty-one year old man living in Wee Waa. The offender was born and raised in the Wee Waa area. He attended school with the deceased's older brothers, Alan and Robert. There was a history of poor relations between the offender and the deceased and members of the family of the deceased.