NSW Caselaw
New South Wales Supreme Court
CITATION : R v Hamilton; R v Sandilands [2007] NSWSC 452
HEARING DATE(S) : 5/2/07, 13/04/07
JUDGMENT DATE : 9 May 2007
JURISDICTION : Common Law
JUDGMENT OF : Adams J at 1
DECISION : Hamilton: Sentenced to a term of two years and six months commencing 17 February 2005 and expiring on 16 August 2007 with a balance of term of three years ending on 16 August 2010. The sentence is back-dated to commence on 17 February 2005. The offender is eligible to be considered for release on parole on expiration of the non-parole period.; Sandilands: Sentenced to a non-parole period commencing on 17 February 2005 and ending on 13 April 2007. The balance of term commenced on 14 April 2007 and ends on 16 February 2008. In accordance with s50 of the Crimes (Sentencing Procedure) Act 1999, I order his immediate release on parole.
CATCHWORDS : Sentence - manslaughter by excessive self-defence - genuine belief that force used necessary - unreasonably excessive - unprovoked attack by irrational victim - accessory after the fact to manslaughter - helped principal offender to conceal body - cleaned blood from premises - believed that no offence committed by principal offender - effect of lengthy custody on remand.
LEGISLATION CITED : Crime Act 1900 Crimes (Sentencing Procedure) Act 1999 ss21A(2), 44, 50
CASES CITED : R v Blacklidge (unreported NSWCCA 12 December 1995) The Queen v Lavender [2005] HCA 37
Regina PARTIES : Richard Andrew Hamilton Mark David Tobius Sandilands
FILE NUMBER(S) : SC 1204/2006; 1203/2006
Crown: Mr L Lungo COUNSEL : Hamilton: Mr J Spencer Sandilands: Mr G Wendler
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate