R v Aslett [2011] NSWSC 650

Supreme Court New South Wales

Medium Neutral Citation: R v Aslett [2011] NSWSC 650 Hearing dates: 14 June 2011 Decision date: 01 July 2011 Jurisdiction: Common Law - Criminal Before: Harrison J Decision: For the manslaughter of Slobodan Simic the offender is sentenced to a non-parole period of 4 years and 6 months commencing on 12 November 2009 and expiring on 11 May 2014 with a balance of term of 2 years and 6 months commencing on 12 May 2014 and expiring on 11 November 2016. The first day upon which the offender will be eligible for release on parole is 12 May 2014. Catchwords: CRIMINAL LAW - sentence - manslaughter - plea of guilty to manslaughter on the basis that the offender entered a joint criminal enterprise with the two co-accused to threaten or use unlawful violence against the deceased while each was armed with a weapon - gravity of offence - offence somewhere below the middle range of seriousness for the offence of manslaughter

CRIMINAL LAW - sentence - manslaughter - relevant factors - nature and circumstances of offender - prior criminality - age of offender - substance abuse - limited intelligence - inability to control temper - finding of special circumstances for the purposes of s 44(2) of the Crimes (Sentencing Procedure) Act 1999

CRIMINAL LAW - sentence - manslaughter - relevant factors - guilty plea - discount of 15 per cent appropriate - sentenced to imprisonment for 7 years with a non-parole period of 4 years and 6 months Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v Bollen (1998) 99 A Crim R 510 R v Previtera (1997) 94 A Crim R 76 R v Van Xuan Nguyen [2005] NSWSC 600 Category: Sentence Parties: Crown James Aslett (Offender) Representation: M M Cunneen SC (Crown) D N Stewart (Offender) S Kavanagh, Solicitor for Public Prosecutions (Crown) Shiranica Danieli Lawyers (Offender) File Number(s): 2009/249967 Publication restriction: Not for publication. Co-accused awaiting trial.