NSW Caselaw
New South Wales Supreme Court
CITATION : R v Imbrisak [2006] NSWSC 1382 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 7/11/2005; 11/11/2005, 21/11/2005; 22/11/2005; 31/03/2006; 26/05/2006; 13/07/06
JUDGMENT DATE : 14 December 2006
JURISDICTION : Common Law Division
JUDGMENT OF : Hidden J at 1
DECISION : Sentenced as follows: Manslaughter - fixed term of seven years from 17 December 2003; Malicious wounding - fixed term of two-and-a-half years from 17 December 2003; Murder - non-parole period of thirteen-and-a-half years from 17 June 2008, balance of term of five years.
CATCHWORDS : CRIMINAL LAW: Sentence - murder - manslaughter through excessive self-defence, malicious wounding - separate incidents - pleas of guilty - special circumstances - partial accumulation - totality
LEGISLATION CITED : Crimes Act 1990
R v Engert (1995) 84 A Crim R 67 CASES CITED : R v Way (2004) 60 NSWLR 168 R v AJP (2004) 150 A Crim R 575
PARTIES : Regina (Crown) Alen Imbrisak (offender)
FILE NUMBER(S) : SC 2005/984
COUNSEL : J Keily SC (Crown) J Spencer (offender)
SOLICITORS : Solicitor for Public Prosecutions (Crown) Jeffreys & Associates (offender)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION Criminal LIST
HIDDEN J
14 December 2006
2005/984 REGINA V ALEN IMBRISAK
REMARKS ON SENTENCE 1 HIS HONOUR: The offender, Alen Imbrisak, pleaded guilty before me to the following charges: (1) The murder of Lei Zainal at Darlinghurst on 30 November 2003; (2) The manslaughter of Csaba Bognar at Marrickville between 17 and 19 December 2003; (3) The malicious wounding of Bernadette Bognar, also at Marrickville, on 17 December 2003. 2 The charges relating to Csaba and Bernadette Bognar arise from the same incident. The offender had been indicted for the murder of Mr Bognar and the malicious wounding of Ms Bognar with intent to do her grievous bodily harm, but the Crown accepted pleas of guilty to the charges I have set out in satisfaction of that indictment. I received agreed statements of facts in respect of the three charges.
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