REGINA v. CLISSOLD [2002] NSWSC 429

New South Wales Supreme Court

CITATION : REGINA v. CLISSOLD [2002] NSWSC 429 CURRENT JURISDICTION: Criminal FILE NUMBER(S) : SC No. 70002 of 2001 HEARING DATE(S) : 21/09/2001; 24/09/2001; 19/10/2001; 30/11/2001; 10/05/2002; 17/05/2002 JUDGMENT DATE : 17 May 2002

PARTIES : REGINA v. CLISSOLD, Ian Raymond JUDGMENT OF : Greg James J at 1

COUNSEL : Crown: Mr. B. Smith Offender Mr. A. Webb SOLICITORS : Crown: S.E. O'Connor Offender: Sydney Regional Aboriginal Corporation Legal Service CATCHWORDS : Criminal law - sentence - manslaughter - plea of guilty in discharge of indictment charging murder - further offence of assault occasioning actual bodily harm - matters to be taken into account although not charged - plea accepted in recognition otherwise conviction may not have been obtained - plea at earliest opportunity - liability as accessory before the fact to unlawful and dangerous act - not present when gravity of co-offenders' assault exceeded expectations - contrition - most serious case. LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 Garforth (CCA, unreported 23 May 1994) Pearce (1998) 104 CLR 610 CASES CITED : Previtera (1997) 94 A. Crim. R. 76 Sharma [2002] NSWCCA 142 Oinonen [1999] NSWCCA 310 Thomson & Houlten (2000) 49 NSWLR 383 DECISION : On Count 2, the offender is sentenced to a fixed term of four years imprisonment to date from 25 January 2000. On Count 1, the offender is sentenced to 14 years imprisonment to date from 25 January 2002. In respect of that sentence I impose a non-parole period of eight years to date from 25 January 2002 and to expire on 24 January 2010.