R v DA-PRA [2012] NSWSC 607

Supreme Court New South Wales

Medium Neutral Citation: R v DA-PRA [2012] NSWSC 607 Hearing dates: 31 May 2012 Decision date: 04 June 2012 Jurisdiction: Common Law - Criminal Before: RS HULME J Decision: (1) For the manslaughter of Gervasio Da-Pra, I sentence you to imprisonment for a non-parole period of 4 years and 6 months commencing on 20 December 2009 together with a balance of term of 1 year and 6 months commencing on 20 June 2014; (2) For causing grievous bodily harm to Vivienne Wighton with intent to murder her, I sentence you to imprisonment for a non-parole period of 4 years and 6 months commencing on 20 December 2012 together with a balance of term of 1 year and 6 months commencing on 20 June 2017; (3) For the murder of Emma Wighton, I sentence you to imprisonment for a non-parole period of 10 years commencing on 20 December 2014 together with a balance of term of 5 years commencing on 20 December 2024; (4) I record as the date upon which it appears to the Court that you shall first become eligible for parole, 20 December 2024. Catchwords: Criminal law - sentencing - murder - manslaughter - causing grievous bodily harm with intent to murder - substantial mental incapacity Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120 R v Daetz and Wilson (2003) 139 A Crim R 398 R v Previtera (1997) 94 A Crim R 76 R v Zaro [2007] NSWSC 756 Veen v The Queen [No 2] (1987-1988) 164 CLR 465 Category: Sentence Parties: REGINA v RENZO DA-PRA Representation: Crown: K McKay Offender: A Francis Crown: S Kavanagh Offender: Legal Aid Commission File Number(s): 2010/10416