Regina v Stuart Carrick; Regina v Leslie James Parkes [2002] NSWSC 707

New South Wales Supreme Court

CITATION : Regina v Stuart Carrick; Regina v Leslie James Parkes [2002] NSWSC 707 CURRENT JURISDICTION: Supreme Court FILE NUMBER(S) : SC 70007/02; 70203/02 HEARING DATE(S) : 31 July 2002; 2, 6 and 8 August 2002 JUDGMENT DATE : 9 August 2002

PARTIES : Regina v Stuart Carrick Regina v Leslie James Parkes JUDGMENT OF : Buddin J

M Barr - Crown COUNSEL : C Davenport - Offender Carrick J Gordon - Offender Parkes SE O'Connor - Crown SOLICITORS : Legal Aid Commission of NSW - Offender Carrick Jeffreys & Associates - Offender Parkes CATCHWORDS : Homicide charges "no billed" - pleas of guilty to non-homicide offences at "first reasonable opportunity" - malicious wounding and related offences committed upon a vulnerable victim - application of s 21A of the Crimes (Sentencing Procedure) Act 1999 - lengthy period of time spent in maximum security awaiting disposal of matters - "special circumstances" - need for rehabilitation of alcohol dependent offenders - need for proper relationionship between sentences of persons not strictly co-offenders Crimes Act LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Cameron v The Queen (2002) 187 ALR 65 De Simoni v The Queen (1981) 147 CLR 383 Maxwell v the Queen (1995) 184 CLR 501 CASES CITED : Pearce v The Queen (1998) 194 CLR 610 R v Doan (2000) 50 NSWLR 115 R v Simpson [2001] NSWCCA 534 R v Taylor NSWSC, unreported 20 April 2002 R v Thomson & Houlton [2000] 49 NSWLR 383 DECISION : Carrick - Count 1- common assault - sentenced to a fixed term of 6 months imprisonment to commence on 21 August 2000 and to expire on 21 February 2001. Count 3 - assault occasioning actual bodily harm - sentenced to a fixed term of 18 months' imprisonment to commence on 21 August 2000 and to expire on 21 February 2002 to be served concurrently with the sentence imposed in respect of count 1. Count 2 - maliciously inflict grievous bodily harm - sentenced to 3½ years imprisonment to commence on 21 February 2002 and to expire on 20 August 2005 with a non-parole period of 15 months' imprisonment to expire on 20 May 2003; Parkes - count 6 - malicious wounding - sentenced to a fixed term of 9 months imprisonment to commence on 21 August 2000 and to expire on 21 May 2001. Count 4 - malicious wounding - sentenced to a fixed term of 18 months' imprisonment to commence on 21 August 2000 and to expire on 21 February 2002 which is to be served concurrently with the sentence imposed in respect of count 6. Count 5 - malicious wounding - sentenced to a term of 3½ years imprisonment to commence on 21 February 2002 and to expire on 20 August 2005 with a non-parole period of 15 months to expire on 20 May 2003.