R v HEK [2012] NSWSC 1364

Supreme Court New South Wales

Medium Neutral Citation: R v HEK [2012] NSWSC 1364 Hearing dates: 28, 29 February; 1-30 March; 2-29 April; 2, 7, 8, 9, 10, 14, 15, 16, 17, 18, 21, 22, 23, 24, 25, 26,. 27, May; 6 July; 17 August 2012 Decision date: 30 August 2012 Before: Latham J Decision: Convicted of the offence of affray. Sentenced to a non parole period of 2 years to date from 10 April 2010, expiring 9 April 2012 with a balance of term of one year expiring 9 April 2013 Further convicted of the offence of maliciously damage property by fire. Sentenced to a fixed term of 2 years to date from 10 September 2010 expiring 9 September 2012. Entitled to release on 10 September 2012. Catchwords: CRMINAL LAW - sentence - conviction by jury - affray - maliciously damage property by fire - juvenile offender - dealt with according to law - discharge of loaded firearms as a feature of the affray - objectively a particularly serious example of affray - whether a victim impact statement should be received by the Court Legislation Cited: Children (Criminal Proceedings) Act 1987 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Stevens v R [2007] NSWCCA 152 Khanwaiz & Ors v R [2012] NSWCCA 168 Category: Sentence Parties: Regina - (Crown) HEK - (Offender) Representation: Counsel P Barrett - (Crown) M Paish - (Offender) Solicitors S Kavanagh - Solicitor of Public Prosecutions (Crown) Voros Lawyers - (Offender) File Number(s): 2010/97241 Publication restriction: Prohibition on publishing the name of the offender or any information capable of identifying him : Children (Criminal Proceedings) Act 1987