R v KR & PR [2008] NSWSC 970

New South Wales Supreme Court

CITATION : R v KR & PR [2008] NSWSC 970

1 October 2007 2 October 2007 3 October 2007 4 October 2007 5 October 2007 HEARING DATE(S) : 8 October 2007 18 January 2008 22 February 2008 16 April 2008 11 June 2008 8 July 2008 12 August 2008

JUDGMENT DATE : 19 September 2008

JUDGMENT OF : Price J at 1

DECISION : [KR] Convicted. Sentenced to a term of imprisonment with a non-parole period of 3 years 7 months to commence on 3 March 2006 and expire on 2 October 2009. Balance of term of 1 year 7 months which is to commence on 3 October 2009 and expire on 2 May 2011. The earliest date of eligibility for release to parole is 2 October 2009. [PR] Convicted. Sentenced to a term of imprisonment with a non-parole period of 3 years 7 months to commence on 3 March 2006 and expire on 2 October 2009. Balance of term of 1 year 7 months to commence on 3 October 2009 and expire on 2 May 2011. The earliest date of eligibility for release to parole is 2 October 2009.

CATCHWORDS : Criminal law - manslaughter by unlawful and dangerous act - extended joint criminal enterprise - sentence - plea of guilty and assistance.

Crimes (Sentencing Procedure) Act 1999 s 21A, LEGISLATION CITED : s 21A(2)(n), s 21A(3)(g), s 21A(3)(e), s 21A(3)(i), s 21A(2)(j)

CATEGORY : Sentence

Cahyadi v Regina [2007] NSWCCA 1 Mill v The Queen (1988) 166 CLR 59 R v Badanjak [2004] NSWCCA 395 R v Blacklidge (unrep, NSWCCA 12 December 1995) R v Close (1992) 31 NSWLR 743 R v Gower (1991) 56 A Crim R 115 R v MacDonald (unrep, NSWCCA 12 December 1995) CASES CITED : R v Simpson (1992) 61 A Crim R 58 R v Smith (1987) 44 SASR 587 R v Sutton [2004] NSWCCA 225 R v Taiseni & Ors [2007] NSWSC 1090 R v Thomson; R v Houlton (2000) 49 NSWLR 383 R v Wickham [2004] NSWCCA 193 Regina v Forbes [2005] NSWCCA 377 Regina v Stankovic [2006] NSWCCA 229