REGINA v Warren Alan FORBES [2005] NSWCCA 377

New South Wales Court of Criminal Appeal

REGINA v Warren Alan FORBES [2005] NSWCCA 377 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 21 October 2005

JUDGMENT DATE: 4 November 2005

JUDGMENT OF: Spigelman CJ at 1; McClellan CJ at CL at 149; Hall J at 150

DECISION: 1 Appeal against conviction dismissed; 2 Leave to appeal from each sentence granted; 3 The sentences imposed by his Honour are quashed and the following sentences imposed; 4 In the case of Ross Kimball; (i) Imprisonment for nine years commencing on 29 May 2002 to expire on 28 May 2011; (ii) Non-parole period of six years and nine months commencing on 29 May 2002 to expire on 28 February 2009; 5 In the case of Andrew Hullick; (i) Imprisonment for 12 years commencing on 1 March 2007 to expire on 28 February 2019; (ii) Non-parole period of eight years commencing on 1 March 2007 to expire on 28 February 2015.

CATCHWORDS: CRIMINAL LAW - Appeal against conviction - Juror misconduct - Where juror found in possession of written material possibly related to trial - Whether trial miscarried - Whether directions sufficient to cure irregularity - CRIMINAL LAW - Appeal against conviction - Pre-trial and trial publicity - Whether trial miscarried - Whether directions to jury sufficient to overcome prejudice - CRIMINAL LAW - Appeal against directions - Adequacy of summing up - - Where trial judge did not follow bench book formulation - Whether directions in relation to self-defence correct in law - Whether combination of written and oral directions confusing - CRIMINAL LAW - Appeal against sentence - Manslaughter - Whether trial judge erred in failing to adequately take into account guilty plea and offer to plead guilty - Crimes Act 1900, ss24 - Crimes (Sentencing Procedure) Act 1999, s21A(3)(k) - CRIMINAL LAW - Appeal against sentence - Manslaughter - Joint criminal enterprise - Sentence of 12 years imprisonment - Whether manifestly excessive - Crimes Act 1900, s24 - CRIMINAL LAW - Appeal against sentence - Manslaughter - Excessive self-defence - Sentence of 12 years imprisonment - Whether manifestly excessive - Crimes Act 1900, s24, 410, 418, 419, 421.