R v Aslett [2012] NSWSC 711

Supreme Court New South Wales

Medium Neutral Citation: R v Aslett [2012] NSWSC 711 Hearing dates: 18 May 2012 Decision date: 29 June 2012 Jurisdiction: Common Law - Criminal Before: Harrison J Decision: For the manslaughter of Slobodan Simic the offender is sentenced to imprisonment with a non-parole period of 4 years, which will be taken to have commenced on 2 August 2009 and which will expire on 1 August 2013, and a balance of term of 2 years and 3 months commencing on 2 August 2013 and expiring on 1 November 2015. Catchwords: CRIMINAL LAW - sentence - manslaughter - plea of guilty to manslaughter on the basis that the offender entered a joint criminal enterprise with the two co-accused to threaten or use unlawful violence against the deceased while each was armed with a weapon - gravity of offence - offence somewhere below the middle range of seriousness for the offence of manslaughter Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v Bollen (1998) 99 A Crim R 510 R v Previtera (1997) 94 A Crim R 76 R v Van Xuan Nguyen [2005] NSWSC 600 Category: Sentence Parties: Crown Douglas Aslett (Offender) Representation: M M Cunneen SC (Crown) Dr R J Webb (Offender) S Kavanagh, Solicitor for Public Prosecutions (Crown) Voros Lawyers (Offender) File Number(s): 2009/75085

REMARKS ON SENTENCE 1HIS HONOUR: The offender Douglas Aslett was indicted for the murder of Slobodan Simic at Cabramatta West on 2 August 2009. The Crown subsequently accepted his plea of guilty to manslaughter, entered in the Parramatta Local Court on 6 September 2011, in complete discharge of that indictment.