REGINA v. HAMSHERE [2005] NSWSC 1319

New South Wales Supreme Court

CITATION : REGINA v. HAMSHERE [2005] NSWSC 1319

HEARING DATE(S) : Friday 9 December 2005

JUDGMENT DATE : 15 December 2005

JURISDICTION : Criminal

JUDGMENT OF : Hall J at 1

DECISION : Non-parole period of three years to commence on 26 December 2004 and to expire on 25 December 2007 and a balance of term of two years to expire on 25 December 2009. The earliest date upon which the offender will be eligible for release on parole is 25 December 2007. In relation to the offender's ultimate release to parole, I recommend that consideration by given by the Parole Authority that he be released to a residential or other suitable rehabilitation programme and attend intensive counselling for alcohol related issues as directed by the Probation and Parole Service.

CATCHWORDS : Criminal law - manslaughter - plea of guilty - offender affected by intoxicating liquor - offender stabbed the deceased - did not act with intent to kill - offender and deceased were friends - deceased and offender wrestled at first in jest - cognitive and motor functions impaired by alcohol - contrition - good prospects of rehabilitation - special circumstances - guilty plea entered at first available opportunity.

Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED : Crimes Act 1900

Hill (1981) 3 A. Crim. R. 397 Stephens (CCA, 15 August 1993) MacDonald (CCA, 12 December 1995) Thomson & Houlton (2000) 49 NSWLR 383 CASES CITED : Dodd (1991) 57 A. Crim. R. 349 Simpson (2001) 126 A. Crim. R. 525 Chami [1999] NSWSC 1268 Blacklidge (CCA, 12 December 1995)