NSW Caselaw
New South Wales Supreme Court
CITATION : R v C R [2008] NSWSC 1208
11/08/08 - 15/08/08 HEARING DATE(S) : 18/08/08 - 21/08/08 25/08/08 - 29/08/08 24/10/08
JUDGMENT DATE : 28 November 2008
JURISDICTION : Common Law Division Criminal List
JUDGMENT OF : Kirby J
DECISION : Sentenced to a non parole period of 3 years and 6 months, commencing on 25 July 2007 and expiring on 24 January 2011; with an additional term of 3 years and 6 months expiring on 24 July 2014. The total term, therefore, is a period of 7 years imprisonment in which there is a non parole period of 3 years and 6 months. I make an order, under s 19(1) of the Children (Criminal Proceedings) Act 1987, directing that CR's sentence be served as a juvenile offender.
CATCHWORDS : Criminal Practice & Procedure - manslaughter by excessive self defence - use of a knife - 16 year old offender - immaturity a factor.
LEGISLATION CITED : Children (Criminal Proceedings) Act 1987
CATEGORY : Sentence
Queen v Hill (1981) 3 A Crim R 397 R v SSA & Siose [2007] NSWSC 1202 TM v The Queen [2008] NSWCCA 158 CASES CITED : R v Previtera (1997) 94 A Crim R 76 R v Ward [2005] NSWSC 266 Ward v The Queen [2006] NSWCCA 321; (2006) 166 A Crim R 273 Vuni v Regina [2006] NSWCCA 171
PARTIES : Regina "C R"
FILE NUMBER(S) : SC 2008/2384
COUNSEL : M M Cunneen SC (Crown) K A Chapple SC (Acc)
SOLICITORS : DPP (Crown) I Byrne (Acc)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION CRIMINAL LIST
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