R v Heffernan [2005] NSWSC 739

New South Wales Supreme Court

CITATION : R v Heffernan [2005] NSWSC 739

HEARING DATE(S) : 18/04/05, 19/04/05, 20/04/05, 21/04/05, 22/04/05, 26/4/05, 27/04/05, 28/04/05, 29/04/05, 02/05/05, 03/05/05, 04/05/05, 05/05/05, 01/07/05

JUDGMENT DATE : 29 July 2005

JUDGMENT OF : Hoeben J at 1

DECISION : Sentence of imprisonment for 14 years to date from 18 July 2003. A non-parole period of 10 years to date from 18 July 2003 and to expire on 17 July 2013.

CATCHWORDS : Criminal law - sentence for murder - effect of self-defence, provocation and intoxication not reaching level to reduce offence to manslaughter - mitigating factors - objective seriousness of offence.

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

Ibbs v The Queen (1987) 163 CLR 447 at 451-2 R v Bell (1985) 2 NSWLR 466 CASES CITED : R v Harris [2000] NSWCCA 469 R v Twala NSWCCA, 4.11.94, unreported Viro v The Queen (1978) 141 CLR 88

Crown PARTIES : William Patrick Heffernan

FILE NUMBER(S) : SC 70091/2003

Mr FDL Holles - Crown COUNSEL : Mr RP Greenhill SC - Prisoner

Solicitor for Public Prosecutions - Bathurst - Crown SOLICITORS : Chris Outzen, Solicitor - Prisoner

LOWER COURT JURISDICTION :

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

HOEBEN J

Friday, 29 July, 2005

99/2003 – REGINA v William Patrick HEFFERNAN

REMARKS ON SENTENCE 1 HIS HONOUR: On 18 April 2005 the prisoner, William Patrick Heffernan, appeared in this Court for trial upon an indictment charging him with having murdered Paul Anthony Callaway on 25 August 2002, at Darbys Falls. 2 The prisoner pleaded that he was not guilty. A jury was empanelled. The prisoner upon arraignment before the jury maintained his plea of not guilty of murder and the trial proceeded. On 5 May 2005 the jury found the prisoner guilty of murder. I formally convicted him and remanded him until 1 July 2005 for the hearing of evidence and submissions on sentence.