R v David Comber [2012] NSWSC 1502

Supreme Court New South Wales

Medium Neutral Citation: R v David Comber [2012] NSWSC 1502 Hearing dates: 22 August; 30 November 2012 Decision date: 07 December 2012 Before: Bellew J Decision: Commonwealth offences 1. In respect of each of the Commonwealth offences, being the offence pursuant to s. 400.5 of the Criminal Code Act and the offence pursuant to s. 400.6 of the Criminal Code Act, the offender is convicted. 2. In respect of each of those offences, the offender is sentenced to a fixed term of imprisonment of 18 months commencing on 5 January 2011 and ending on 4 July 2012. 3. I decline, for the reasons I have previously stated, to fix a recognisance release order or a non-parole period in respect of either of those sentences. The dishonesty offences 4. In respect of each of the offences pursuant to s. 192E(1)(a) of the Crimes Act, which are annexed to the certificate issued pursuant to s. 166 of the Criminal Procedure Act, the offender is convicted. 5. In respect of each of those matters I impose a fixed term of imprisonment of 6 months. Each of those terms of imprisonment will commence on 5 January 2011 and conclude on 4 July 2011. The murder offence 6. In respect of the murder offence, the offender is convicted. 7. The offender is sentenced to a non-parole period of 17 years and 6 months imprisonment, commencing on 5 April 2011 and concluding on 4 October 2028, with an additional period of 5 years and 10 months imprisonment commencing on 5 October 2028 and ending on 4 August 2034. 8. The total term of imprisonment imposed in respect of the murder offence is one of 23 years and 4 months imprisonment. 9. The offender will be eligible for parole on 5 October 2028 and his sentence will expire on 4 August 2034. Catchwords: CRIMINAL LAW - murder - sentence - where offender part of joint enterprise