R v CB; R v IM [2006] NSWSC 261

New South Wales Supreme Court

CITATION : R v CB; R v IM [2006] NSWSC 261

HEARING DATE(S) : 07/02/06, 09/02/06. 20/02/06, 21/02/06, 22/02/06, 23/02/06, 09/03/06, 16/03/06

JUDGMENT DATE : 7 April 2006

JUDGMENT OF : Buddin J

DECISION : CB. For the offence of maliciously inflicting grievous bodily harm with intent to do so, and taking into account the matters on the Form 1 document, is sentenced to a fixed term of 7 years to commence on 10 August 2004 and to expire on 9 August 2011. For the offence of murder is sentenced to a non-parole period of 13 years with a total term of 18 years. Each term of that sentence will commence on 10 August 2006. The non-parole period will expire on 9 August 2019 and the total term on 9 August 2024. The total effective non-parole period is 15 years and the total effective term is 20 years. The offender is eligible for release on parole on 9 August 2019. IM. For the offence of maliciously inflicting grievous bodily harm with intent to do so, and taking into account the matters on the Form 1 document, is sentenced to a fixed term of 8 years to commence on 29 August 2004 and to expire on 28 August 2012. For the offence of murder is sentenced to a non-parole period of 15 years and six months with a total term of 21 years and six months. Each term of that sentence will commence on 28 February 2007. The non-parole period will expire on 28 August 2022 and the total term on 28 August 2028. The total effective non-parole period is 18 years and the total effective term is 24 years. The offender is eligible for release on parole on 28 August 2022.

CATCHWORDS : Sentence - offences of murder and maliciously inflicting grievous bodily harm with intent to do so - Form 1 matters - one offender on conditional liberty - standard non-parole periods applied to each offence - pleas of guilty - one offender provided assistance to the authorities - parity