R v Pirini [2011] NSWSC 1395

Supreme Court New South Wales

Medium Neutral Citation: R v Pirini [2011] NSWSC 1395 Hearing dates: 4 March 2011 Decision date: 18 March 2011 Jurisdiction: Common Law - Criminal Before: R A Hulme J Decision: Affray: Sentenced to a fixed term of imprisonment of 2 years 2 months. The sentence is to date from 17 June 2009 and expire on 16 August 2011. Manslaughter: Sentenced to imprisonment comprising a non-parole period of 3 years and a balance of the term of the sentence of 3 years. The sentence is to date from 17 December 2009. The offender will be eligible for release on parole upon the expiration of the non-parole period on 16 December 2012. The total term will expire on 16 December 2015. Catchwords: CRIMINAL LAW - sentence - manslaughter and affray - melee between rival motorcycle club members at airport - deterrence and denunciation - plea of guilty - favourable subjective case - special circumstances Legislation Cited: Crimes Act 1900 Criminal Case Conferencing Trial Act 2008 Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v Borkowski [2009] NSWCCA 102; 195 A Crim R 1 Category: Sentence Parties: Regina Pomare Pirini Representation: Ms N Adams with Ms H Roberts (Crown) Mr J Stratton SC (Offender) Solicitor for Public Prosecutions Bannisters Lawyers & Attorneys File Number(s): 2009/68873 & 2009/148413

Judgment 1HIS HONOUR: On 16 December 2010 the offender, Pomare Pirini, pleaded guilty before Latham J to offences of affray and manslaughter. The offences are against s 93C and ss 18 & 24 respectively of the Crimes Act 1900 and the maximum penalties are imprisonment for 10 years and imprisonment for 25 years. 2On 4 March 2011 I heard and received evidence and submissions on sentence before standing the matter over until today.