REGINA v SF [2009] NSWSC 1069

New South Wales Supreme Court

CITATION : REGINA v SF [2009] NSWSC 1069

HEARING DATE(S) : 15, 16, 17, 18, 19, 22, 23, 24 June 2009, 25 September 2009

JUDGMENT DATE : 9 October 2009

JURISDICTION : Criminal

JUDGMENT OF : Hall J at 1

DECISION : The offender is sentenced to a non-parole period of two years to commence on 27 March 2008 and to expire on 26 March 2010 and to a parole period of two years to commence on 27 March 2010 and to expire on 26 March 2012. Accordingly, the first date upon which the offender will be eligible for parole will be 26 March 2010. I make an order pursuant to s.19(1) of the Children (Criminal Proceedings) Act 1987 directing that the whole of the term of sentence of imprisonment be served as a juvenile offender.

CATCHWORDS : CRIMINAL LAW – sentence after trial – manslaughter by criminal negligence – death by shooting – factors to be taken into account – circumstances of offence – circumstances of offender – juvenile offender – rehabilitation - no relevant criminal history - finding of special circumstances.

LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 Children (Criminal Proceedings) Act 1987

KT v Regina [2008] NSWCCA 51 Nydam v The Queen (1977) VR 430 Regina v Dang [1999] NSWCCA 42 Regina v Do [2001] NSWCCA 19 Regina v Dodd (1991) 57 A Crim R 349 CASES CITED : Regina v GDP (1991) 53 A Crim R 112 Regina v Lavender (2005) 222 CLR 67 Regina v Luong [2000] NSWSC 505 Regina v MacDonald (NSWCCA, unreported 12 December 1995) Regina v Pilley (1991) 56 A Crim R 202 Regina v Previtera (1997) 94 A Crim R 76