R v Jim MILLS [2009] NSWSC 521

New South Wales Supreme Court

CITATION : R v Jim MILLS [2009] NSWSC 521

HEARING DATE(S) : 17/04/2009

JUDGMENT DATE : 11 June 2009

JUDGMENT OF : Howie J at 1

DECISION : The offender is sentenced to a term of imprisonment consisting of a non-parole period of 4 years 6 months and a balance of term of 2 years 9 months. The sentence is to commence from 17 December 2007 and the non-parole period expires on 16 June 2012 the date upon which the offender is eligible to be released to parole.

CATCHWORDS : Criminal Law - Sentence - Manslaughter - Unlawful and dangerous act - Infliction of knife wound to the chest of the deceased.

CATEGORY : Sentence

PARTIES : Regina v Jim Mills

FILE NUMBER(S) : SC 2008/19617

COUNSEL : P Ingram - Crown C Smith - Offender

SOLICITORS : S Kavanagh - Crown S O'Connor - Offender

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION CRIMINAL LIST

JUSTICE HOWIE

THURSDAY 11 JUNE 2009

2008/19617 REGINA v Jim MILLS

REMARKS ON SENTENCE 1 HIS HONOUR: The offender was committed for sentence on a charge of manslaughter arising from the death of the deceased, Peter Hawke, on 17 December 2007. He adhered to his plea of guilty in this Court and is to be sentenced for that offence. 2 The facts are contained in a statement tendered to the Court. No material from the prosecution brief was placed into evidence except for the autopsy report and certificates of analysis of substances taken from the body of the deceased and the accused. At the date of the killing the deceased was aged 44 and the offender aged 40. They were acquainted with one another. The deceased was in a relationship with Melissa Cawood and she knew the offender. 3 On the morning of Sunday 16 December 2007 the deceased went to the unit of a long-term friend, Salvatore Sansone, in Redfern, requesting to stay the night as he wanted company. They drank some wine before the deceased left the unit for a short period. During his absence Ms Cawood arrived and introduced herself to Mr Sansone as the deceased's girlfriend. She waited in the unit until the deceased's return at about 2 pm. He brought some wine that the three of them drank together. 4 Later in the afternoon the offender turned up at the unit. At some stage the offender and the deceased became engaged in a heated conversation, apparently arising from an allegation by the deceased that the offender's son had stolen drugs from the deceased. The two ended up in fisticuffs until Sansone intervened. The deceased had a bloody nose. Sansone told the offender to leave and he apologised. He left the unit, the deceased explained to Sansone that the offender was drunk. 5 The statement of facts continues as follows: