NSW Caselaw
New South Wales Supreme Court
CITATION : Regina v Hayes [2004] NSWSC 1195 HEARING DATE(S) : 03/12/04 JUDGMENT DATE : 13 December 2004 JURISDICTION: Common Law JUDGMENT OF : M W Campbell AJ DECISION : A term of imprisonment of six years and nine months with a non-parole period of four years. The sentence and the non-parole period to commence on 4 August 2004. Eligible to be released on parole on 3 August 2008.
CATCHWORDS : Sentence - Manslaughter - Plea - Parity LEGISLATION CITED : Crimes Act 1990 s24 Crimes (Sentencing Procedure) Act 1999 s21A,22,28(4)(b),44 Postiglione v R (1995) 189 CLR 295 CASES CITED : R v Previtera (1997) 94 ACrimR 76 R v Bollen (1998) 99 ACrimR 510 PARTIES : Regina Chantelle Jade Hayes FILE NUMBER(S) : SC 2003/88 COUNSEL : L Wells (Crown) G Wendler (Accused) R McMahon - DPP (Crown) SOLICITORS : John Bettens & Co (Accused)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
M W CAMPBELL AJA
Monday 13 December 2004
2003/88 REGINA v HAYES
JUDGMENT ON SENTENCE 1 HIS HONOUR; On 11 October 2004 Chantelle Jade Hayes was arraigned before me on an indictment that charged that, on 22 April 2001 at Cabramatta in the State of New South Wales she did murder Michael Paul Guinan ("the deceased"). She pleaded not guilty to that charge but guilty of the alternative charge that she did unlawfully kill the deceased. The Crown accepted the plea in full satisfaction of the indictment. Evidence and submissions on sentence were taken on 3 December 2004 and the matter stood over until today for sentence.
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