NSW Caselaw
New South Wales Supreme Court
CITATION : R v Benbow [2009] NSWSC 1472
HEARING DATE(S) : 20 November 2009
JUDGMENT DATE : 20 November 2009
JUDGMENT OF : R A Hulme J
DECISION : Sentenced to imprisonment for 7 years 6 months with a non-parole period of 4 years 6 months.
CATCHWORDS : CRIMINAL LAW - Sentence - Manslaughter - unlawful and dangerous act - deceased beaten with cricket bat - intoxication - spontaneous act - on bail - plea of guilty
CATEGORY : Sentence
PARTIES : Regina Craig William BENBOW
FILE NUMBER(S) : SC 2008/15378
COUNSEL : Mr P Cattini (Crown) Mr G Scragg (Offender)
SOLICITORS : Solicitor for Public Prosecutions Aitken Macdonald
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
R A Hulme J
20 November 2009
2008/15378 R v Craig William BENBOW
JUDGMENT 1 HIS HONOUR: On 14 September 2009 Craig William Benbow was arraigned and entered a plea of not guilty to the offence of murder but guilty to the offence of manslaughter. The Crown accepted that plea of guilty in full satisfaction of the indictment. I note that the maximum penalty for the offence of manslaughter is imprisonment for twenty-five years.
2 The facts in respect of the matter are set out in a document which is exhibit A before me and they are not in dispute. I will quote from the document in part. During the evening of 28 October 2007 Travis Jennings was drinking with Craig Benbow and Lucas Collis at the rear of the unit occupied by Mr Collis at 4/655 Dight Street Albury. They were all drinking heavily. Around 9.30pm they were inside the unit when the offender fell asleep on Mr Collis' bed. Mr Collis asked Mr Jennings to rouse the offender. Mr Jennings grabbed a cricket bat and prodded the offender's arm two or three times. The offender woke up and pulled the bat away from Mr Jennings. The offender then got up from the bed and swung the bat at Mr Jennings, striking him on the left side of the head causing him to fall to the floor. The offender continued to hit Mr Jennings to the head and torso with the cricket bat.
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