NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: STEPHENSON v R [2008] NSWCCA 266
HEARING DATE(S): 13/11/08 JUDGMENT OF: Bell JA at 1; Blanch J at 36; Hall J at 37
EX TEMPORE JUDGMENT DATE: 13 November 2008
DECISION: 1. Grant leave to appeal 2. Appeal dismissed
CATCHWORDS: SENTENCE manslaughter - unlawful and dangerous act - domestic argument - punches to head
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999
KT v R [2008] NSWCCA 51 Markarian v The Queen [2005] HCA 25; 328 CLR 357 R v Dodd (1991) 57 A Crim R 349 CASES CITED : R v Ellis (1986) 6 NSWLR 603 R v Forbes [2005] NSWCCA 377 R v Gallagher (1991) 23 NSWLR 220 R v O'Hare [2003] NSWSC 652 R v Risteski [1999] NSWSC 1248
PARTIES: Darren Robert Stephenson (Applicant) Regina (Respondent)
FILE NUMBER(S): CCA 2006/00004279
COUNSEL: C Steirn SC (Applicant) D Arnott SC (Respondent)
SOLICITORS: Andrew O'Brien (Applicant) S Kavanagh (Respondent)
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S): 2006/2881
LOWER COURT JUDICIAL OFFICER: Hidden J
LOWER COURT DATE OF DECISION: 29/6/07
IN THE COURT OF CRIMINAL APPEAL 2006/4279005
BELL JA BLANCH J HALL J
Thursday 13 November 2008 Darren Robert STEPHENSON v R Judgment 1 BELL JA: Darren Robert Stephenson pleaded guilty on 2 February 2007 before Justice Hidden to the manslaughter of his partner Jody Zaric on 25 February 2006. His plea was accepted by the Crown in discharge of an indictment for murder. 2 He was sentenced by Hidden J on 29 June 2007 to a non-parole period of three and a half years commencing on 25 February 2006 and expiring on 24 August 2009. A balance of term of two years and six months commencing on 25 August 2009, and expiring on 24 February 2012 was imposed. 3 By notice of appeal dated 8 August 2008, the applicant seeks leave to appeal against the severity of this sentence. The application was filed out of time and the applicant requires an extension of time in which to bring it. The grounds for the extension are set out in the document filed in support of the application by Mr Byrne SC. In light of the contents of that document there is no opposition to the extension sought, and it is appropriate that it be granted. 4 Hidden J set out the facts upon which the applicant was to be sentenced as follows:
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