R v Faehndrich [2008] NSWSC 877

New South Wales Supreme Court

CITATION : R v Faehndrich [2008] NSWSC 877

31 March 2008 - 11 April 2008 HEARING DATE(S) : 6 June 2008 25 July 2008

JUDGMENT DATE : 29 August 2008

JUDGMENT OF : Price J at 1

DECISION : Sentenced to a term of imprisonment with a non-parole period of 15 years to commence on 21 August 2006 and is to expire on 20 August 2021. Balance of term of 5 years to commence on 21 August 2021 and expire on 20 August 2026. Eligible to be released to parole on 20 August 2021. It is a condition of release to parole that psychiatric treatment and appropriate medication continue. The following steps be taken by Justice Health. 1. The prisoner should be immediately assessed by the Justice Mental Health Team. 2. The prisoner is to remain under the regular care of a psychiatrist whilst in custody and receive appropriate medication. Direct that a copy of Dr Giuffrida's report dated 7 July 2008 be forwarded by the Crown to the Justice Health Team at the prison where the prisoner is incarcerated for its immmediate attention together with a copy of these recommendations. The attention of the Justice Mental Health Team is to be directed to the "Treatment Recommendations" on page 10 of the report.

CATCHWORDS : Criminal Practice and Procedure - sentencing - murder - jury verdict - mental illness - provocation - general deterrence - specific deterrence - departure from standard non-parole period

Crimes (Sentencing Procedure) Act 1999 s 19A LEGISLATION CITED : s 19A(2), s 19A(3), s 21(1), s 21A(3)(b), s 21A(3)(j), s 21A(3)(i)-(ii), s 21A(3)(c), s 61(1) Crimes Act 1900 s 19A(2)

CATEGORY : Sentence

R v Engert (1996) 84 A Crim R 67 R v Fidow [2004] NSWCCA 172 R v Hemsley [2004] NSWCCA 228 CASES CITED : R v Isaacs (1997) 41 NSWLR 374 R v Israil [2002] NSWCCA 255 R v Merritt (2004) 146 A Crim R 309 R v Previtera (1997) 97 A Crim R 76 Veen v The Queen (No 2) (1988) 164 CLR 465