R v Forbes [2011] NSWSC 1547

Supreme Court New South Wales

Medium Neutral Citation: R v Forbes [2011] NSWSC 1547 Hearing dates: 23 November 2011 Decision date: 16 December 2011 Jurisdiction: Common Law - Criminal Before: Harrison J Decision: Sentenced to imprisonment for 3 years, with a non-parole period of 1 year and 6 months commencing on 6 August 2011 and expiring on 5 February 2013, and to a balance of term of 1 year and 6 months commencing on 6 February 2013 and expiring on 5 August 2014. Catchwords: CRIMINAL LAW - sentence - manslaughter - plea of guilty - where offender entered into a joint criminal enterprise to threaten or use unlawful violence against a group including the deceased while some members of the group were armed with crude weapons and one was armed with a loaded shortened firearm - plea entered at first available opportunity - combined discount of 50 per cent for early plea and assistance to authorities Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Cases Cited: Gillard v The Queen [2003] HCA 64; (2003) 219 CLR 1 R v AB [2005] NSWCCA 360; (2005) 156 A Crim R 577 R v Bolt [2001] NSWCCA 487; (2001) 126 A Crim R 284 R v Chai [2000] NSWCCA 320 R v Nguyen [2005] NSWSC 600 R v Stelfox [2001] NSWSC 630 R v Sukkar [2006] NSWCCA 92; (2006) 172 A Crim R 151 Wilson v The Queen [1992] HCA 31; (1992) 174 CLR 313 Category: Sentence Parties: Crown Daniel James Forbes (Offender) Representation: P Barnett SC (Crown) P Winch (Offender) Solicitor for Public Prosecutions (Crown) Legal Aid (Offender) File Number(s): 2010/290999 Publication restriction: Yes