R v WA [2012] NSWSC 1317

Supreme Court New South Wales

Medium Neutral Citation: R v WA [2012] NSWSC 1317 Hearing dates: 12 October 2012 Decision date: 26 October 2012 Jurisdiction: Common Law - Criminal Before: Button J Decision: (1) The offender is convicted of the offence of manslaughter. The offender is sentenced to a non-parole of imprisonment for 6 years to date from 23 November 2009 and expire on 22 November 2015. There will be a parole period of imprisonment for 2 years, to commence on 23 November 2015 and expire on 22 November 2017. (2) Pursuant to ss 19(1) and 19(3) of the Children (Criminal Proceedings) Act 1987, the offender is to serve his non-parole period as a juvenile offender until the day upon which he attains the age of 21 years. Catchwords: CRIMINAL LAW - sentence - manslaughter - unlawful and dangerous act - gunshots fired in suburban street - juvenile offender Legislation Cited: Children (Criminal Proceedings) Act 1987 Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Cases Cited: JM v R [2012] NSWCCA 83 JT v R [2011] NSWCCA 128 KT v R [2008] NSWCCA 51 Maglis v R [2010] NSWCCA 247 R v De Simoni [1981] HCA 31; (1981) 147 CLR 383 R v GDP (1991) 53 A Crim R 112 R v Oinonen [1999] NSWCCA 310 R v Previtera (1997) 94 A Crim R 76 R v Qutami [2001] NSWCCA 353; (2001) 127 A Crim R 369 R v West [2011] NSWCCA 91 The Queen v Olbrich [1999] HCA 54; (1999) 199 CLR 270 Category: Sentence Parties: Crown WA Representation: Counsel: T McCarthy (Crown) D Price (offender) Solicitors: Solicitor for Public Prosecutions (Crown) Voros Lawyers (offender) File Number(s): 2009/259630