Iskov v R [2011] NSWCCA 241

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Iskov v R [2011] NSWCCA 241 Hearing dates: 8 September 2011 Decision date: 11 November 2011 Before: Bathurst CJ James J Johnson J Decision: Leave to appeal against sentences imposed on the applicant granted. Appeal against the sentence for the offence of manslaughter allowed. Sentence for the offence of manslaughter quashed. In lieu thereof the applicant is sentenced for the offence of manslaughter to a non-parole period of five years three months commencing on 24 April 2014 and expiring on 23 July 2019 and a balance of term of three years nine months commencing on 24 July 2019 and expiring on 23 April 2023. Otherwise confirm the sentences imposed by the sentencing judge. The earliest date on which the applicant will be eligible for release on parole will be 23 July 2019. Catchwords: CRIMINAL LAW - manslaughter by criminal negligence Legislation Cited: Crimes Act Cases Cited: Muldrock v The Queen (2011) HCA 39 Nydam v R (1977) VR 430 Wilson v The Queen (1992) 174 CLR 313 R v Lavender (2005) 222 CLR 67 Burns v R [2011] NSWCCA 56 Cahyadi v The Queen (2006) 168 A Crim R 41 R v XX (2009) 195 A Crim R 38 R v Fidow [2004] NSWCCA 172 R v el-Hayek (2004) 144 A Crim R 90 R v Cramp [2004] NSWCCA 264 Stoeski v R [2008] NSWCCA 230 Category: Principal judgment Parties: Clayton John Iskov - Applicant Regina - Respondent Representation: T Game SC with S Buchen - Applicant C Maxwell QC with T Smith - Respondent Giddy and Crittenden - Applicant S Kavanagh - Solicitor for Public Prosecutions File Number(s): 2009/11046 Decision under appeal Citation: [2010] NSWSC 1074 Date of Decision: 2010-09-20 00:00:00 Before: Barr AJ File Number(s): 2009/11046