R v SJB and McLean [2002] NSWSC 1042

New South Wales Supreme Court

CITATION : R v SJB and McLean [2002] NSWSC 1042 FILE NUMBER(S) : SC 70016/02; 70206/02 HEARING DATE(S) : 27/8/02, 30/9/02, 1/10/02, 23/10/02, 24/10/02 JUDGMENT DATE : 6 November 2002

Regina PARTIES : SJB Matthew John McLean JUDGMENT OF : Wood CJatCL at 1

Mr B. Smith (Crown) COUNSEL : Mr B. Haverfield (SJB) Ms C. Lyons (McLean) SOLICITORS : S E O'Connor D J Humphreys CATCHWORDS : CRIMINAL LAW - Sentence - Murder - pleas of guilty. LEGISLATION CITED : Children (Criminal Proceedings) Act 1987 Crimes (Sentencing Procedure) Act, 1999 Cox NSWCCA 30 August 1999 R v Craig NSWSC 14 April 1993 R v D NSWSC 8 April 1995 R v DAR NSWCCA 8 November 1995 R v Davison NSWSC 11 September 1992 Regina v Hearne [2001] NSWCCA 37 R v Kama [2000] NSWCCA 23 R v McCabe NSWCCA 14 October 1991 R v MG NSWCCA 11 December 1996 and 13 July 1998 CASES CITED : R v Miles NSWCCA 28 March 1995 R v Moore NSWCCA 21 June 1995 R v Oliver NSWSC 17 December 1992 Regina v Palu [2002] NSWCCA 381 Regina v Pham and Ly (1991) 55 A Crim R 128 R v RL NSWCCA 19 February 1992 R v Sharma [2002] NSWCCA 142 R v Sharpe NSWSC 10 September 1992 Regina v SLD [2002] NSWSC 758 R v Tran [1999] NSWCCA 109 DECISION : SJB: imprisonment for 15 years, to date from 25 July 2001. Non parole period of 10 years, to date from 25 July 2001, and to expire on 24 July 2011. The earliest date for eligibligibility for release is 24 July 2011. Such of that sentence as shall relate to the period until SJB attains the age of 20 years is to be served in a Detention Centre. The balance of the sentence is to be served within the adult correctional system.; McLean: For the murder of Stephen Tonkiss: sentence of imprisonment for 19 years, to date from 25 July 2001. Non parole period of 13 years, to date from 25 July 2001, and to expire on 24 July 2014, being the earliest date for release on parole.; For take and drive a conveyance: imprisonment for a fixed term of 6 Months, to date from 25 July 2001.