R v AH [2011] NSWSC 1535

Supreme Court New South Wales

Medium Neutral Citation: R v AH [2011] NSWSC 1535 Hearing dates: 19 September 2011 Decision date: 13 December 2011 Before: Johnson J Decision: For the offence of manslaughter, and taking into account the Form 1 offence, the Offender is convicted and sentenced to imprisonment comprising a non-parole period of two years commencing on 2 December 2011 and expiring on 1 December 2013 with a balance of term of two years commencing on 2 December 2013 and expiring on 1 December 2015. The earliest date upon which the Offender will be eligible for release on parole is 2 December 2013. In accordance with s.19 Children (Criminal Proceedings) Act 1987 , an order is made directing that the whole of the term of imprisonment of the Offender is to be served as a juvenile offender. Catchwords: CRIMINAL LAW - sentence - manslaughter - plea of guilty - participation in affray involving two groups of young men - deceased stabbed by another person in Offender's group - relevance of youth - other factors relevant to sentence Legislation Cited: Law Enforcement (Powers and Responsibilities) Act 2002 Children (Criminal Proceedings) Act 1987 Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v Barghachoun [2011] NSWSC 1534 AI v R [2011] NSWCCA 95 BP v R [2010] NSWCCA 159; 201 A Crim R 379 R v La Rosa [2011] NSWSC 1394 Texts Cited: --- Category: Sentence Parties: Regina (Crown) AH (Offender) Representation: Mr AJ McCarthy (Crown) Mr IH McClintock SC; Ms K Stares (Offender) Solicitor for Public Prosecutions (Crown) Veronica Love (Offender) File Number(s): 2009/59632 Publication restriction: ---