R v Wheatley [2007] NSWSC 1182

New South Wales Supreme Court

CITATION : R v Wheatley [2007] NSWSC 1182

HEARING DATE(S) : 19/10/07

JUDGMENT DATE : 30 October 2007

JUDGMENT OF : Bell J at 1

DECISION : Sentenced to a non-parole period of two years to date from 30 September 2006; The non-parole period will expire on 29 September 2008; Sentenced to a balance of term of one year and nine months commencing on 30 September 2008 and expiring on 29 June 2010.

CATCHWORDS : Sentence - manslaughter - unlawful and dangerous act - chronic schizonphrenic illness - not causally related to offence

LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999

R v Blacklidge (unreported) NSWCCA, 12 December 1995 R v Bollen (1998) 99 A Crim R 510 R v Hogan [2004] NSWSC 959 CASES CITED : R v Kerr [2004] NSWSC 75 R v Maclucan [2003] NSWSC 799 R v O'Hare [2003] NSWSC 652 R v Previtera (1997) 94 A Crim R 76

PARTIES : Regina Craig William Wheatley (Offender)

FILE NUMBER(S) : SC 2007/00002655

COUNSEL : T Hoyle SC (Crown) P M Winch (Offender)

SOLICITORS : S Kavanagh SE O'Connor

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION CRIMINAL LIST

BELL J

30 October 2007

2007/00002655 Regina v Craig William Wheatley

JUDGMENT 1 BELL J: Craig William Wheatley was committed for sentence by the Local Court on 24 July 2007 following his plea of guilty to the manslaughter Robert Narramore an offence which occurred on 30 September 2006 at Riverwood. He adhered to his plea of guilty in this Court on 14 September 2007. 2 The facts on which the Court is to sentence the offender are contained an agreed statement that is signed by a solicitor from the Office of the Director of Public Prosecutions, the offender and the offender's solicitor; exhibit "A". 3 The offender was aged 45 years at the date of the offence. He suffers from chronic schizophrenic illness. On 30 September 2006 he was walking north on the footpath of Belmore Road towards the intersection with Thurlow Street. The deceased, an 83 year-old man, was approaching the same intersection on foot. As the deceased reached the traffic control signal the offender pushed him out of his way. The deceased fell to his left landing in lane one of Belmore Road, which is the lane designated for vehicles turning left at the traffic lights. Traffic on Belmore Road at the time was moderate. The deceased was struck by the rear nearside tyre of a vehicle which was navigating the corner. The driver of the vehicle continued for a short distance before stopping and returning to the scene. Another driver, Ms Stewart, was travelling immediately behind the vehicle which collided with the deceased. She saw the offender push the deceased and the subsequent collision. She stopped her vehicle and went to the assistance of the deceased, as did a number of persons. The deceased was conveyed to Liverpool Hospital, where he was treated for serious head trauma. He died at the hospital within hours. 4 The offender pushed the deceased using his two open hands, one of which connected with the deceased's right arm and one of which connected with the deceased's right chest. The push was sufficiently forceful to cause the deceased to fall.