R v Castle [2012] NSWSC 1603

Supreme Court New South Wales

Medium Neutral Citation: R v Castle [2012] NSWSC 1603 Hearing dates: 14 December 2012 Decision date: 20 December 2012 Jurisdiction: Common Law - Criminal Before: R A Hulme J Decision: Sentenced to imprisonment for 7 years 6 months with a non-parole period of 5 years 8 months Catchwords: CRIMINAL LAW - sentence - manslaughter - plea of guilty - unlawful and dangerous act - single punch causing death occurred during robbery - cold case - confession made to undercover police officer Cases Cited: R v MJR (2002) 54 NSWLR 368 R v Previteria (1997) 94 A Crim R 76 Scott v R [2011] NSWCCA 221 Category: Sentence Parties: Regina Joseph Wayne Castle Representation: Counsel: Mr L Lungo Mr J Stratton SC Solicitors: Solicitor for Public Prosecutions Legal Aid NSW File Number(s): 2011/143080

Judgment 1HIS HONOUR: On 17 January 1998 Wayne Joseph John Castle ("the offender") killed Jennifer Maree Smith. He has pleaded guilty to manslaughter.

Jennifer Smith 2Jennifer Smith was 32 years old when she died. She was the second eldest of six children raised in a loving family environment in Moree. I have been told that she was beautiful, creative, sporting and academically gifted. She lived life with zest, burned bright and was full of life and wonder. She took combined degrees of Arts and Law at the University of Sydney but pursued her love of literature and worked as a freelance journalist. She was evidently a remarkable and much loved young woman. 3The tragedy of the taking of such a life has had a profound and permanent effect upon the lives of many people. The pain and grief described in the victim impact statements of Jennifer's mother, sisters and brother is beyond comprehension. I thank them once again for providing such an illuminating insight into the life of their beloved daughter and sister. I can well understand the sentiments that have been expressed about the offender and the sentence that should be imposed. Clearly their suffering has been made manifestly worse by the delay in knowing what happened to Ms Smith and who was responsible. There are, however, constraints upon the manner in which I can exercise my sentencing discretion: R v Previteria (1997) 94 A Crim R 76. Nonetheless, I acknowledge what has been said and, whilst I do not pretend to fully appreciate the extent of the family's suffering (and I doubt anyone could), I offer sincere condolences on behalf of the Court, and personally.