Regina v McNamara [2003] NSWSC 429

New South Wales Supreme Court

CITATION : Regina v McNamara [2003] NSWSC 429 HEARING DATE(S) : 28.10.02; 29.10.02; 30.10.02; 31.10.02; 4.11.02; 5.11.02; 6.11.02; 7.11.02; 8.11.02; 11.11.02; 12.11.02; 13.11.02; 14.11.02; 17.12.02; 07.02.03 JUDGMENT DATE : 23 May 2003

JUDGMENT OF : Hidden J at 1 DECISION : 9 years npp 6½ years

CATCHWORDS : CRIMINAL LAW: Sentence - manslaughter - unlawful and dangerous act - killing of offender's mother. PARTIES : Crown Noel David McNamara FILE NUMBER(S) : SC 70045/02 COUNSEL : B Newport QC - Crown A Haesler - Offender SOLICITORS : SE O'Connor - Crown Mark Rumore - Offender

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

HIDDEN J

Friday, 23 May, 2003

070045/02 – REGINA v Noel David McNAMARA

REMARKS ON SENTENCE 1 HIS HONOUR: The offender, Noel David McNamara, was tried before me upon an indictment charging that he murdered his mother, Joan Doris McNamara, at her home at Tregear on or about 21 February 2000. The jury found him not guilty of murder but guilty of manslaughter. 2 The offender had denied that it was he who brought about his mother's death, and that was the central issue at the trial. The only basis upon which manslaughter was left to the jury was that they were satisfied that the offender was the killer but were not satisfied that he had any of the states of mind requisite for murder. Accordingly, he stands for sentence on the basis that he killed his mother by an attack which was both unlawful and dangerous, but without an intention to kill or inflict grievous bodily harm or a reckless indifference to human life.