NSW Caselaw
New South Wales Supreme Court
CITATION : R v Stewart [2008] NSWSC 563
HEARING DATE(S) : 2 May 2008
JUDGMENT DATE : 6 June 2008
JUDGMENT OF : Johnson J at 1
DECISION : The Offender is sentenced to a non-parole period of seven years and three months to date from 27 July 2006 and to expire on 26 October 2013 with a balance of term of three years and three months to commence on 27 October 2013 and to expire on 26 January 2017. The earliest date upon which the Offender will be eligible to be released to parole is 26 October 2013.
CATCHWORDS : CRIMINAL LAW - sentencing for manslaughter - excessive self-defence - stabbing - use of push dagger - objectively grave offence - importance of general and personal deterrence
LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900
CATEGORY : Sentence
Cheung v The Queen [2001] 209 CLR 1 R v Previtera (1997) 94 A Crim R 76 R v FD and JD (2006) 160 A Crim R 392 R v Oinonen [1999] NSWCCA 310 R v Forbes [2005] NSWCCA 377 CASES CITED : R v Hillsley (2006) 164 A Crim R 252 Ahmad v R [2007] NSWCCA 177 R v Trevenna (2004) 149 A Crim R 505 Ward v R (2006) 166 A Crim R 273 R v Cakovski [2005] NSWSC 1001 R v Blacklidge (NSW Court of Criminal Appeal, 12 December 1995)
TEXTS CITED : ---
PARTIES : Regina (Crown) Wade John Stewart (Offender)
FILE NUMBER(S) : SC 2007/1797
COUNSEL : Mr TR Bailey (Crown) Mr P Bodor QC (Offender)
SOLICITORS : Solicitor for Public Prosecutions (Crown) Ford Criminal Lawyers (Offender)
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