NSW Caselaw
New South Wales Supreme Court
CITATION : Regina v "Y" [2003] NSWSC 468 03/03/03 HEARING DATE(S) : 17/04/03 23/05/03 JUDGMENT DATE : 11 July 2003
JURISDICTION: Common Law Division Criminal List JUDGMENT OF : Kirby J DECISION : Sentence: 16 years imprisonment with non parole period of 11 years.
CATCHWORDS : Criminal law - murder - plea of guilty - assistance to authorities - sentence after discount must remain reasonably proportionate to offence. LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 R v Storey (1996) 89 A Crim R 519 The Queen v Olbrich (1999) 199 CLR 270 CASES CITED : R v Bond [2002] NSWSC 786 R v Thomson (2000) 49 NSWLR 383 Queen v Fyffe [2002] NSWSC 751 PARTIES : Regina "Y" FILE NUMBER(S) : SC 70011/02 COUNSEL : P K Lynch (Crown) C B Craigie SC (Acc) SOLICITORS : S E O'Connor (Crown) Catherine Hunter (Acc)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION CRIMINAL LIST
DAVID KIRBY J
Friday 11 July 2003
70011/02 - REGINA v "Y"
JUDGMENT ON SENTENCE 1 KIRBY J: On 3 March 2003 a person who I will refer to as "Mr Y" pleaded guilty to the murder of Michael Collins who died on or about 23 August 2001. It remains for me to pass sentence. To do so, I must first determine the facts relevant to the sentencing discretion. Where the facts are adverse, they must be established beyond reasonable doubt. Where they favour Mr Y, it is enough that they should be proved on the balance of probabilities (R v Storey (1996) 89 A Crim R 519; The Queen v Olbrich (1999) 199 CLR 270).
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