Regina v Ben Richard Clark [2007] NSWSC 954

New South Wales Supreme Court

CITATION : Regina v Ben Richard Clark [2007] NSWSC 954

HEARING DATE(S) : 3/08/07

JUDGMENT DATE : 24 August 2007

JUDGMENT OF : Patten AJ at 1

LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999

PARTIES : Regina Ben Richard Clark

FILE NUMBER(S) : SC 2651 of 2006

Mr M Hobart - Crown COUNSEL : Mr J Stratton SC - Offender Mr T Heenan - Offender

SOLICITORS : Solicitor for DPP Heenan & Company

IN THE SUPREME COURT OF NEW SOUTH WALES CRIMINAL DIVISION

PATTEN AJ

FRIDAY 24 AUGUST 2007

2006/2651 - Regina v Ben Richard CLARK

SENTENCE 1 HIS HONOUR: The offender Ben Richard Clark who was born on 26 March 1984 and is, therefore, now 23 years of age pleaded guilty on arraignment to the murder of his grandfather, Ernest Richard Clark known as Dick Clark (to whom I will hereafter refer either as his grandfather or as the victim) at Bexley on the 29th of April 2005. I heard sentencing submissions on 3 August this year and he stands for sentence today. 2 It is appropriate to record that between the offender's plea on arraignment and the sentencing hearing he gave evidence at the trial which commenced on 21 May 2007 of his father, Michael Clark, upon a charge of murdering the victim, and his stepmother, Jennifer Clark, upon a charge of hindering the police investigation into the murder of the victim.

3 At the close of the Crown case Jennifer Clark was acquitted by my direction of the charge she faced. In relation to the charge against Michael Clark the jury was ultimately unable to reach a verdict and I discharged it. He awaits retrial.