R v JK [2012] NSWSC 710

Supreme Court New South Wales

Medium Neutral Citation: R v JK [2012] NSWSC 710 Hearing dates: 18 May 2012 Decision date: 29 June 2012 Before: Harrison J Decision: For the offence of attempted aggravated break, enter and steal with intent the offender is sentenced to a term of imprisonment of 2 years commencing on 15 January 2012 and expiring on 14 January 2014. For the murder of Colin Ferrier the offender is sentenced to a term of imprisonment of 15 years with a non-parole period of 10 years commencing on 15 October 2012 and expiring on 14 October 2022 and a balance of term of 5 years commencing on 15 October 2022 and expiring on 14 October 2027. Catchwords: SENTENCE - murder - constructive murder - deceased killed when struck by car driven by offender in course of fleeing scene of attempted break and enter - no intention to kill or inflict grievous bodily harm Legislation Cited: Children (Criminal Proceedings) Act 1987 Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: BP v R [2010] NSWCCA 159; (2010) 201 A Crim R 379 KT v R [2008] NSWCCA 51; (2008) 182 A Crim R 571 McDonald v R (Unreported, NSWCCA, 18 August 1994) R v Bollen (1998) 99 A Crim R 510 R v Borokowski [2009] NSWCCA 102 R v Engert (1995) 84 A Crim R 67 R v Fernando (1992) 76 A Crim R 58 R v Hooker [1999] NSWSC 896 R v Jacobs and Mehajer [2004] NSWCCA 462 R v JB [1999] NSWCCA 93 R v Newman [2004] NSWCCA 102; (2004) 145 A Crim R 361 R v Previtera (1997) 94 A Crim R 76 R v Wright (1997) 93 A Crim R 48 Category: Sentence Parties: Crown JK (Offender) Representation: Counsel: P Barnett SC (Crown) D Yehia SC (Offender) S Kavanagh, Solicitor for Public Prosecutions (Crown) Legal Aid NSW (Offender) File Number(s): 2010/151791 Publication restriction: Offender only to be identified by pseudonym