Regina v Avakian [2003] NSWSC 1042

New South Wales Supreme Court

CITATION : Regina v Avakian [2003] NSWSC 1042 HEARING DATE(S) : 04/08/03, 06/08/03, 07/08/03, 11/08/03. 12/08/03, 07/11/03 JUDGMENT DATE : 21 November 2003

JUDGMENT OF : Whealy J at 1 DECISION : Sentenced to a term of 5 years and 6 months imprisonment. Sentence is to commence on 21 October 2002. Set a non-parole period of 3 years and 6 months commencing on 21 October 2002 and ending on 20 April 2006. The offender will be eligible to be released to parole on that day, 20 April 2006. Recommend that, while in custody, the offender receive appropriate counselling including psychiatric counselling, anger management counselling and counselling in relation to the control of drug and alcohol abuse. Further recommend that, upon release pursuant to any parole order, the Probation & Parole Service consider, as part of any supervision programme relating to the offender, that he be required to accept the directions of the Probation & Parole Service in relation to receiving continuing counselling generally but extending to and including anger management. Further, that he be counselled and directed as to his use of alcohol and illicit drugs during any period of parole.

CATCHWORDS : Plea to Manslaughter Criminal Procedure Act LEGISLATION CITED : s 24 Crimes Act 1900 NSW Cfrimes (Sentencing Procedure) Act 1999 Hill (1981) 3 A Crim R 397 at 402 CASES CITED : MacDonald (NSWCCA 12 December 1985) Cardosa [2003] NSWCCA 15 PARTIES : Regina v Danny Avakian FILE NUMBER(S) : SC 70233/02 COUNSEL : Ms L. Wells - Crown Ms D. Yehia - Offender SOLICITORS : C. K. Smith - DPP Legal Aid