REGINA v KMB [2003] NSWSC 862

New South Wales Supreme Court

CITATION : REGINA v KMB [2003] NSWSC 862 HEARING DATE(S) : 16/6/03, 17/6/03, 18/6/03, 19/6/03, 20/6/03, 23/6/03, 26/6/03, 27/6/03, 30/6/03, 1/7/03, 2/7/03, 3/7/03, 4/7/03 JUDGMENT DATE : 23 September 2003

JUDGMENT OF : Bell J at 1 DECISION : Sentenced to a term of six years imprisonment; That sentence will commence on 18 May 2003 and expire on 17 May 2009; Non-parole period of three years and six months specified; First date eligible for consideration of release on parole is 17 November 2006

CATCHWORDS : Sentence LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 CASES CITED : R v Alexander (1994) 78 A Crim R 141 R v McDonald (unreported) NSWCCA, 12 December 1995 PARTIES : Regina KMB (Accused) FILE NUMBER(S) : SC 70008/03 COUNSEL : Peter Miller (Crown) Andrew Haesler (Accused) SOLICITORS : SE O'Connor Legal Aid Commission of NSW (Accused)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

BELL J

TUESDAY 23 SEPTEMBER 2003

70008/03 REGINA v KMB

JUDGMENT 1. HER HONOUR: KMB was arraigned before me on 16 June 2003 on an indictment that charged her with the murder of her uncle, AB, at Lidcombe on 12 March 2002. She entered a plea of not guilty and stood her trial. On 4 July 2003, the jury returned a verdict finding her not guilty of murder but guilty of manslaughter.

2. It is my task to determine the facts that are relevant to the exercise of the sentencing discretion. The facts that I find must be consistent with the jury's verdict. Facts that aggravate the offence must be proved beyond reasonable doubt. Facts upon which the offender relies as mitigating her crime, need only be established upon the balance of probabilities.