R v Jack Beaudean COLLEY (No 4) [2010] NSWSC 1475

New South Wales Supreme Court

CITATION : R v Jack Beaudean COLLEY (No 4) [2010] NSWSC 1475

HEARING DATE(S) : 6 September 2010-8 September 2010, 13 September 2010-17 September 2010, 26 November 2010

JUDGMENT DATE : 17 December 2010

JURISDICTION : Common Law

JUDGMENT OF : Rothman J

Sentenced to a non-parole period of 16 months imprisonment commencing 14 June 2010 and expiring 13 October 2011, with a balance of term of further imprisonment of 3 years and 2 months, expiring 13 December 2014. The total sentence is imprisonment for 4 years and 6 months. First eligible for release on 13 October 2011.

DECISION : I direct that the prisoner be assessed forthwith, and, for the reasons herein associated with risk and the need for family support, recommend that Jack Colley be classified as a minimum security prisoner (classification C2 or lower) and be accommodated at Glen Innes.

I direct that a copy of Dr Nielssen's Report (Ex S1) be attached to these orders and provided to the Department of Corrective Services.

CATCHWORDS : CRIMINAL LAW – sentence – manslaughter – joint criminal enterprise – parity – relative culpability – youth just over 18 years of age

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

CATEGORY : Sentence

BP v R [2010] NSWCCA 159 Jimmy v Regina [2010] NSWCCA 60; (2010) 269 ALR 115 KT v R [2008] NSWCCA 51 CASES CITED : MJ v R, CPD v R [2010] NSWCCA 52 Postiglione v R [1997] HCA 26; (1997) 189 CLR 295 R v GDP (1991) 53 A Crim R 112 Veen v R (No 2) [1988] HCA 14; (1988) 164 CLR 465