Regina v Mark Anthony Esposito [2006] NSWSC 1454

New South Wales Supreme Court

CITATION : Regina v Mark Anthony Esposito [2006] NSWSC 1454 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 3 November, 23 November and 11 December 2006

JUDGMENT DATE : 20 December 2006

JUDGMENT OF : Latham J

DECISION : Manslaughter - Non-parole period of 4 years to date from 3 September 2004, expiring 2 September 2008. Balance of term 2 years 10 months, expiring 2 July 2011.

CATCHWORDS : Sentence - Manslaughter - Joint Criminal Enterprise to Assault - No evidence of offender's particpation in assault.

LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999

CASES CITED : RNM v Regina [2006] NSWCCA 375

PARTIES : Crown - Regina Accused - Mark Anthony Esposito

FILE NUMBER(S) : SC 2006/301

COUNSEL : Crown - LL Lungo Offender - KA Chapple SC

SOLICITORS : Crown - S Kavanagh Offender - Robertson Saxton Primrose Dunn

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

LATHAM J

20 December 2006

2006/301 REGINA v MARK ANTHONY ESPOSITO

SENTENCE 1 The prisoner, Mark Esposito, was found guilty by a jury on 16 August 2006 of the offence of manslaughter of Hao Nam Tran, in the alternative to a charge of murder upon which indictment the prisoner had been tried commencing 7 August 2006.

2 The circumstances giving rise to the death of Mr Tran were substantially not in dispute at trial. On 13 August 2004, Mr Tran and his associates had gone to the prisoner's home at Hinchinbrook and had made threats of violence towards the prisoner, who was not at home, and to the prisoner's de facto wife in the presence of his children.