R v R I Kerr [2004] NSWSC 75

New South Wales Supreme Court

CITATION : R v R I Kerr [2004] NSWSC 75 27/10/03 - 31/10/03 HEARING DATE(S) : 3/11/03 - 6/11/03 14/11/03 6/02/04 JUDGMENT DATE : 24 February 2004

JURISDICTION: Common Law Division Criminal List JUDGMENT OF : Kirby J DECISION : Sentenced to a term of imprisonment of 3 years with a non parole period of 12 months.

CATCHWORDS : Criminal Practice & Procedure - manslaughter - young offender - whether custodial or non-custodial sentence - unusual circumstances of death - previous good character LEGISLATION CITED : Children (Criminal Proceedings) Act 1987 Crimes (Sentencing Procedure) Act 1999 R v G D P (1991) 53 A Crim R 112 CASES CITED : R v Previtera (1997) 94 A Crim R 76 R v MacDonald (unreported, CCA, 12.12.95) PARTIES : Regina Rodney Ivan Kerr FILE NUMBER(S) : SC 70042/03 COUNSEL : B Knox SC (Crown) R Button (Accused) SOLICITORS : K Woodward (DPP) S. Shukla (LAC)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION CRIMINAL LIST

DAVID KIRBY J

Tuesday 24 February 2004

70042/03 REGINA v Rodney Ivan KERR

JUDGMENT ON SENTENCE 1 KIRBY J: Rodney Ivan Kerr was charged with the manslaughter of Christopher William Harris. Mr Harris died at the Redfern Railway Station on 27 October 2002. On 6 November 2003 a jury found Mr Kerr guilty of manslaughter. It remains for me to pass sentence. To do so I must first determine the facts relevant to the sentencing discretion. They must be determined in a manner consistent with the jury verdict. Where the facts are adverse, they must be established beyond reasonable doubt. Where they favour Mr Kerr, it is enough that they should be proved on the balance of probabilities.