NSW Caselaw
New South Wales Supreme Court
CITATION : Regina v DN [2007] NSWSC 1252
HEARING DATE(S) : 1 June 2007
JUDGMENT DATE : 9 November 2007
JURISDICTION : Common Law Division - Criminal Jurisdiction
JUDGMENT OF : Hidden J at 1
DECISION : For the offence of causing grievous bodily harm to SC with intent to murder her the offender is sentenced to a term of imprisonment comprising a non-parole period of eight years, commencing on 9 July 2006 and expiring on 8 July 2014, and a balance of term of four years, commencing on 9 July 2014 and expiring on 8 July 2018. For the murder of R the offender is sentenced to a term of imprisonment comprising a non-parole period of fifteen years, commencing on 9 July 2011 and expiring on 8 July 2026, and a balance of term of five years, commencing on 9 July 2026 and expiring on 8 July 2031.
CATCHWORDS : CRIMINAL LAW: Sentence - murder of offender's step-son - attempted murder of his partner - circumstances unexplained - prior good character - depressive illness and substance abuse - remorse - early pleas of guilty
LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 s21A
PARTIES : Regina (Crown) DN (offender)
FILE NUMBER(S) : SC 2007/00001528 (formerly 2007/420)
COUNSEL : P Cattini (Crown) A Haesler SC (offender)
SOLICITORS : Solicitor for Public Prosecutions (Crown) South East Aboriginal Legal Service (offender)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION CRIMINAL JURISDICTION
HIDDEN J
Friday 9 November 2007
2007/00001528 (formerly 2007/420) Regina v DN
REMARKS ON SENTENCE 1 HIS HONOUR: This case is both appalling and baffling. The offender, DN, is a twenty-four year old man with no criminal history. On 9 July 2006, for no fathomable reason, he attacked his partner and her eleven year old son with a knife. She survived but the boy died. 2 He pleaded guilty in the Local Court to the murder of the boy, R, and to causing grievous bodily harm to his partner, SC with intent to murder her. He now stands for sentence, having maintained those pleas of guilty in this Court.
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