R v Spania [2009] NSWSC 148

New South Wales Supreme Court

CITATION : R v Spania [2009] NSWSC 148

HEARING DATE(S) : 02/02/09, 05/02/09, 06/03/09

JUDGMENT DATE : 13 March 2009

JUDGMENT OF : Barr J at 1

DECISION : For the murder of the deceased the offender is sentenced to imprisonment for a non-parole period of 18 years. The non parole period will be taken to have commenced on 26 September 2007 and will expire on 25 September 2025. The balance of sentence, during which the offender will become eligible for release to parole, will be 6 years, expiring on 25 September 2031. The first day upon which the offender will become eligible for release to parole will be 25 September 2025. For the offence of possessing a non-prohibited pistol not being authorised to do so by license or permit the offender is sentenced to imprisonment for 6 months. That period will be taken to have commenced on 26 September 2007 and to have expired on 25 March 2008. For the offence of possessing the same firearm unregistered the offender is sentenced to a concurrent term of 6 months' imprisonment. For the offence of failing to take all reasonable precautions to ensure that the firearm was safely kept the offender is sentenced to a concurrent term of 3 months' imprisonment, which will be taken to have commenced on 26 September 2007 and to have expired on 25 December 2007.

LEGISLATION CITED : s 32 Crimes (Sentencing Procedure) Act 1999

PARTIES : Regina Malik Spania

FILE NUMBER(S) : SC 2008/7604

COUNSEL : K McKay (Crown) I McClintock SC (Defence)

SOLICITORS : Solicitor for Public Prosecutions (Crown) Nyman Gibson Stewart (Defence)

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