Regina v V D N [2004] NSWSC 426

New South Wales Supreme Court

CITATION : Regina v V D N [2004] NSWSC 426 HEARING DATE(S) : 09/02/04, 19/02/04, 26/03/04, 30/04/04 JUDGMENT DATE : 21 May 2004

JUDGMENT OF : Whealy J at 1 DECISION : In relation to the charge that you, being armed with an offensive weapon namely a knife, did in company with others, assault Mrs Lu with intent to rob her, you are convicted and sentenced to a fixed term of imprisonment for 15 months. The sentence is to commence on 4 December 2002 and will have expired on 3 March 2004. In relation to the charge of manslaughter you are convicted and I sentence you to a term of imprisonment of 6 years and 9 months. The sentence is to date from 4 December 2002. I set a non-parole period of 3 years commencing on 4 December 2002 and expiring on 3 December 2005. The offender will be eligible to be released to parole on 4 December 2005. I find that there are, within the meaning of s 19(3) of the Children's (Criminal Proceedings) Act 1987, special circumstances justifying the detention of the offender in a Detention Centre until the expiry of the non-parole period I have set, it being noted that the offender will turn 21 on 8 August 2005. I recommend that upon his release to parole the offender should receive continued counselling and rehabilitive treatment. This should relate especially to anger management, the control of alcohol and avoidance of drug abuse.

Children's (Criminal Proceedngs) Act 1987 Crimes Act 1900 NSW LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 Sentencing Procedure Act Children's Detention Centre Act Children's Detention Centre Regulations R v O'Connor (2003) NSWSC 1041 R v Avakian (2003) NSWSC 1042 R v WKR (1993) 32 NSWLR 447, 459 and 465 Hill (1981) 3 A Crim R 397 at 402 R v McDonald (NSWCCA) 12 December 1995 CASES CITED : R v Dib (2003) NSWCCA 117 R v Newman, R v Simpson (2004) NSWCCA 102 R v McGuire (NSWCCA unreported 30 August 1995) R v Troja (NSWCCA unreported 16 July 1991) R v Bloomfield (1998) 44 NSWLR 734 at 738-739 Pearce v Regina (1998) 194 CLR 610 at 662 and 664 Johnson v The Queen 2004 HCA 15 PARTIES : Regina v V D N FILE NUMBER(S) : SC 70018/03 COUNSEL : Mr P Conlon SC Mr R Button SOLICITORS : State DDP NSW Legal Aid