Regina v Vongsouvanh and Namalauulu [2003] NSWSC 1203

New South Wales Supreme Court

CITATION : Regina v Vongsouvanh and Namalauulu [2003] NSWSC 1203 HEARING DATE(S) : 17/11/03, 18/11/03, 19/11/03, 03/12/03, 04/12/03 JUDGMENT DATE : 17 December 2003

JUDGMENT OF : Whealy J at 1 DECISION : Sentence both offenders to a term of 6 years and 9 months imprisonment. The sentence is to commence on 22 August 2001. I set a non-parle period of 4 years commencing on 22 August 2001 and ending on 21 August 2005. The offender will be eligible to be released to parole on that day, namely 21 August 2005. In the case of each offender, I recommend that, while in custody, she receive appropriate counselling including psychiatric counselling, anger management counselling and counselling in relation to the control of drug and alcohol abuse. I further recommend that, upon release pursuant to any parole order, the probation and parole service consider, as part of any supervision programme relating to each offender, that she be required to accept the directions of the probation and parole service in relation to receiving continuing counselling generally but extending to and including anger management. Further, that she be counselled and directed as to her use of illicit drugs during any period of parole.

CATCHWORDS : Manslaughter Plea LEGISLATION CITED : Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Hill (1981) 3 A Crim R 397 at 402 R v MacDonald (NSWCCA 12 December 1995) R v Dib (2003 NSWCCA 117 CASES CITED : R v Scott (2003) NSWCCA 286 per Howie J at para 28 Thompson and Houlton (2000) NSWLR 383 R v McGuire (NSWCCA unreported 30 August 1995) R v Troja (NSWCCA unreported 16 July 1991) PARTIES : Regina v Katty Vongsouvanh Regina v Fialelei Loretta Namalauulu FILE NUMBER(S) : SC 70082/02; 70024/03 Mr P. Barrett - Crown COUNSEL : Mr J. Stratton SC - Offender Vongsouvanh Mr A. Lucas - Offender Namalauulu SOLICITORS : DDP - Crown