Regina v ANG [2001] NSWSC 758

New South Wales Supreme Court

CITATION : Regina v ANG [2001] NSWSC 758 FILE NUMBER(S) : SC 70026/01 HEARING DATE(S) : 24 August, 2001 JUDGMENT DATE : 4 September 2001

PARTIES : Regina ANG JUDGMENT OF : Ireland AJ at 1

COUNSEL : Mr P Dare - Crown Mr R Greenhill SC/Mr W Barry - offender SOLICITORS : SEO'Connor - Crown John Ajaka - Offender CATCHWORDS : Manslaughter by criminal negligence - pushing semi-conscious body of dececeased into river - early plea - offender affected by amphetamines placed in his drink by others without his knowledge - exceptional circumstances - well established rehabilitation - remorse - contrition. 2 year sentence of imprisonment suspended s.12 Crimes (Sentencing Procedure) Act 1999. LEGISLATION CITED : Crimes (Sentencing Procedure) Act, 1999 R v Troja (NSW CCA 16.7.1991 unreported) The Queen v Wade (NSW CCA 14.4.1989 unreported) R v Blacklidge (NSW CCA 12.12.1995 unreported) CASES CITED : R v Dodd (1991) 57 A Crim R 349 R v Hill (1981) 3 A Crim R 397 at 402 R v Smith (1964) Crim LR 70 R v Hungerford (SC NSW 17.8.1993 unreported) R v GDP (NSW CCA 24.4.1991 unreported) DECISION : Non publication and broadcasting of the name of the offender and of the victim pursuant to s 11 Children (Criminal Proceedings) Act 1987 and I further order that there be no publication or broadcasting of any information which may identify the offender. Sentenced to 2 years imprisonment to date from 4.9.2001. Sentence will expire on 3.9.2003. Pursuant to s 12(1)(a) of Act, execution of the sentence be suspended for the 2 year term of the sentence. Pursuant to s 12(1)(b) I direct that the offender be released from custody on condition that he enters into a good behaviour bond for a term of 2 years, concurrent with this sentence, the said bond to include conditions.