Regina v Heatley [2006] NSWSC 1199

New South Wales Supreme Court

CITATION : Regina v Heatley [2006] NSWSC 1199

HEARING DATE(S) : 23/10/06, 25/10/06, 26/10/06, 27/10/06, 30/10/06, 1/11/06, 2/11/06, 3/11/06, 6/11/06

JUDGMENT DATE : 21 November 2006

JUDGMENT OF : Whealy J at 1

DECISION : For the offence of robbery with a dangerous weapon, I sentence you to a fixed term of imprisonment for 4 years. The sentence is to be backdated to commence on 27 March 2004 and is to expire on 26 March 2008. For the offence of manslaughter, I sentence you to a term of imprisonment comprising a non-parole period of 8 years and a balance of term of 6 years. The sentence is to commence on 27 March 2008 and the non-parole period expires on 26 March 2016, the date on which you will be eligible to be released on parole. The balance of the term will expire on 26 March 2022. For the 7 recommendations made - see judgment.

CATCHWORDS : Criminal practice and procedure - manslaughter by reason of substantial impairment of mind - robbery with a dangerous weapon - difficulties of reconciling sentencing principles in mental illness matters - systemic failure by Corrective Services Department - gaol violence and death in custody - special circumstances in mental illness matters.

LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999

R v Ellis (1986) 6 NSWLR 603 at 604 R v Thomson & Houlton (2000) 49 NSWLR 383 Regina v Carlson (unreported NSWSC 16 October 1995 R v Engert (1996) A Crim R 67 at 68 R Hemsley [2004] NSWCCA 228 at (33-36) per Sperling J R v Wicks [2005] NSWCCA 213 at (24-26) and (33-34) R v Pham [2005] NSWCCA 314 at (27-35) R v Hughes [2005] NSWCCA 117 at (24-29) CASES CITED : R v Israel [2002] NSWCCA 255 at (23) per Spigelman CJ Veen v The Queen (No 2) (1988) 164 CLR 465 Hill (1981) 3 A Crim R 397 at 402 E v McDonald (NSWCCA 12 December 1995) R v Woodland [2001] NSWSC 416 per Wood CJ at CL R v McGuire (NSWCCA unreported 30 August 1995) R v Troja (NSWCCA unreported 15 July 1991) R v Bloomfield (1998) 44 NSWLR 734 at 738-739 R v Montgomery [2004] 151 A Crim R 376 at [5] per Spigelman CJ R v Trevenna [2004] 149 A Crim R 5005 at [98-100]