Regina v AB Regina v CLIFFORD [2005] NSWCCA 360

Reported Decision : 156 A Crim R 577

New South Wales Court of Criminal Appeal

CITATION: Regina v AB Regina v CLIFFORD [2005] NSWCCA 360

HEARING DATE(S): 5 October 2005

JUDGMENT DATE: 27 October 2005

JUDGMENT OF: McClellan CJ at CL at 1; Grove J at 113; Hislop J at 114

DECISION: In relation to AB; 1. Appeal allowed and the sentences imposed be quashed 2. In relation to count 1: the respondent is sentenced to imprisonment for fourteen years commencing on 26 July 2004 with a non-parole period of nine years and six months expiring on 25 January 2014; the balance of the term of four years and six months expiring on 25 July 2018 3. In relation to count 2: the respondent is sentenced to imprisonment for five years and six months commencing on 26 July 2003 with a non-parole period of two years and ten months to expire on 25 May 2006; the balance of the term of two years eight months expiring on 25 January 2009 In relation to Clifford; 1. Appeal allowed and the sentences imposed be quashed 2. In relation to count one: a sentence of imprisonment seven and half years commencing on 26 July 2003 with a non-parole period of four and half years expiring on 25 January 2008; the balance of the term of three years expiring on 25 January 2011 3. In relation to count 2: a sentence of imprisonment for three years commencing on 26 July 2003 with a non-parole period of one year and eight months to expire on 25 March 2005; the balance of the term of one year four months expiring on 25 July 2006.

CATCHWORDS: CRIMINAL LAW - Crown appeal against sentence - murder and maliciously inflict grievous bodily harm - assessment of the objective seriousness of the offence - weight given to subjective circumstances - whether there was a failure to accumulate sentences - whether the finding that the respondent had not thought of the possibility that the shotgun might be discharged was inconsistent with the verdict of the jury