NSW Caselaw
New South Wales Supreme Court
CITATION : R v Brian Joseph Murphy [2002] NSWSC 150 FILE NUMBER(S) : SC 70076/01 HEARING DATE(S) : 8 and 22 February 2002 JUDGMENT DATE : 4 March 2002
PARTIES : Regina Brian Joseph Murphy JUDGMENT OF : Buddin J
COUNSEL : P Miller (Crown) Ms C Lyons (Offender) SOLICITORS : SE O'Connor (Crown) Legal Aid Commission (Offender) CATCHWORDS : Plea of guilty to manslaughter - substantial impairment - relevance of general deterence - future dangerousness - plea of guilty - special circumstances LEGISLATION CITED : Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 R v Blacklidge NSWCCA, 12 December 1995, unreported R v Engert (1996) 84 A Crim R 67 R v Hill (1981) 3 A Crim R 397 CASES CITED : R v Thomson & Houlton [2000] 49 NSWLR 383 Veen (No 1) (1979) 143 CLR 458 Veen (No 2) (1987-88) 164 CLR 465 R v Wright (1997) 93 A Crim R 48 DECISION : Sentenced to 7 and a half years imprisonment to date from 27 May 2001. Non-parole period of 4 years. First date upon which eligible for release on parole is 26 May 2005.
IN THE SUPREME COURT OF NEW SOUTH WALES CRIMINAL DIVISION
BUDDIN J
MONDAY 4 MARCH 2002
70076/01 - REGINA v BRIAN JOSEPH MURPHY
JUDGMENT 1 On 27th May, 2001 the offender was charged with the murder of Robert Eernisse at Umina. He has been held in continuous custody since that date. He first appeared for arraignment on 5th October, 2001, when the matter was adjourned to allow time for medical reports to be prepared.
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