Regina v Malcolm Gordon East [2007] NSWSC 1051

New South Wales Supreme Court

CITATION : Regina v Malcolm Gordon East [2007] NSWSC 1051

HEARING DATE(S) : 26 February 2007 - 12 March 2007, 20 July 2007, 24 August 2007

JUDGMENT DATE : 21 September 2007

JUDGMENT OF : Barr J at 1

DECISION : For assaulting Jamie Kent the offender is sentenced to imprisonment for five months. Sentence will be taken to have commenced on 8 August 2003 and to have expired on 7 January 2004. I decline to set a non-parole period. For firing a firearm with disregard for the safety of Mr Kent the offender is sentenced to a non-parole period of two years seven and one-half months, which will be taken to have commenced on 8 August 2003 and to have expired on 22 March 2006, and to a balance of term of ten and one-half months, which will be taken to have expired on 7 February 2007. For maliciously damaging Mr Graves' property by fire and for firing a firearm in a manner likely to injure Mr Graves' property the offender is sentenced to concurrent non-parole periods of one year and three months, which will be taken to have commenced on 8 August 2004 and to have expired on 7 November 2005, and to concurrent balances of terms of five months, which will be taken to have expired on 7 April 2006. For the murder of Dimitri Skouloudis the offender is sentenced to a non-parole period of eleven years and six months. That period will be taken to have commenced on 8 August 2005 and will expire on 7 February 2017. The offender is sentenced to a balance of term of four years and six months. The term will expire on 7 August 2021. In imposing sentence for that offence I have taken into account under the provisions of s32 Crimes (Sentencing Procedure) Act the four matters I have summarised. For each of the four offences of the unauthorised possession of a pistol the offender is sentenced to a non-parole period of one year and six months. It will be taken to have commenced on 8 August 2005 and to have expired on 7 February 2007. For each such offence the offender is sentenced to a balance of term of six months, which will be taken to have expired on 7 August 2007. For the offence of the unauthorised possession of a firearm the offender is sentenced to a non-parole period of one year, one and one-half months and a balance of term of four and one-half months. The non-parole period will be taken to have commenced on 8 August 2005 and to have expired on 23 September 2006. The balance of the term will be taken to have expired on 7 February 2007. The earliest day upon which the offender will become eligible for release on parole will be 7 February 2017.