Regina v Raymond Galea [2003] NSWSC 465

New South Wales Supreme Court

CITATION : Regina v Raymond Galea [2003] NSWSC 465 HEARING DATE(S) : 1 May 2003 JUDGMENT DATE : 30 May 2003

JUDGMENT OF : Sully J at 1 DECISION : 2 years pre-trial custody plus head sentence of 5 years imprisonment commencing on 7 April 2003 and expiring on 6 April 2008, with a non-parole period of 2-1/2 years commencing on 7 April 2003 and expiring on 6 October 2005

LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 (NSW) CASES CITED : Reg v Faulkner [2000] NSWSC 944 PARTIES : Regina Raymond Galea FILE NUMBER(S) : SC 70075/02 COUNSEL : B. Newport QC - Crown P. Hogan - Prisoner SOLICITORS : Director of Public Prosecutions - Crown Gregory Goold Solicitors - Prisoner

IN THE SUPREME COURT OF NEW SOUTH WALES CRIMINAL DIVISION

SULLY J

Friday 30 May 2003

70075/02 – REGINA v RAYMOND GALEA

ON SENTENCE 1 HIS HONOUR: On 19 February 2003 the prisoner, (Mr. Raymond Galea), was presented in this Court for trial upon an indictment charging him with having been an accessory after the fact to the murder by one Kathy Yeo of one Christopher Mark Dorrian. The prisoner pleaded not guilty; and he stood thereupon his trial by jury. The trial concluded on 10 April 2003 with the return by the jury of a verdict of guilty. On 1 May instant the Court heard submissions on sentence. The passing of sentence was deferred until today. 2 The prisoner's trial was in fact his third trial. 3 He was first tried by Grove J and a jury upon a charge of having murdered Christopher Dorrian. The prisoner stood that trial jointly with Kathy Yeo. The jury found Kathy Yeo guilty of murder; and found the prisoner not guilty of murder but guilty of having been an accessory after the fact to the murder committed by Kathy Yeo. Both the prisoner and Kathy Yeo appealed successfully to the Court of Criminal Appeal; and a new trial was ordered for each of them. The joint re-trial took place before James J and a jury. Kathy Yeo was again indicted for murder; and the prisoner was indicted for the accessorial offence. Kathy Yeo was again found guilty of murder; but the jury could not agree upon a verdict in the case of the prisoner. 4 The foregoing course of events has entailed that the prisoner has spent various periods in pre-trial custody. It will be necessary to calculate in due course a sentencing structure that allows appropriately for all such pre-trial custody. 5 At the commencement of the prisoner's trial, certain matters of fact were agreed between the Crown and the defence, namely: