R v MADDEN, Neil [2013] NSWSC 710

Supreme Court New South Wales

Medium Neutral Citation: R v MADDEN, Neil [2013] NSWSC 710 Hearing dates: 17 August 2012 & 26 October 2012 Decision date: 04 June 2013 Jurisdiction: Common Law - Criminal Before: Hidden J Decision: Offender sentenced to imprisonment for 7 years, NPP 4 years, from 28.3.11. Catchwords: CRIMINAL LAW - sentence - manslaughter - plea of guilty accepted in satisfaction of indictment for murder - impulsive act - intoxication Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v PERRY, Steven William (a/k/a BABBAGE, Steven William) [2012] NSWSC 1645 Category: Sentence Parties: Regina (Crown) Neil Francis Madden (offender) Representation: Counsel: P Barrett (Crown) D Dalton SC (offender) Solicitors: S Kavanagh - Solicitor for Public Prosecutions (Crown) L Premutico - Benjamin & Leonardo Criminal Defence Lawyers (offender) File Number(s): 2011/100003

REMARKS ON SENTENCE 1The offender, Neil Madden and another man, Stephen Perry, were charged with the murder of Daniel Sullivan at Lalor Park on 8 January 2011. The offender's plea of guilty to manslaughter was accepted by the Crown in discharge of that indictment. He is guilty of manslaughter on the basis of an unlawful and dangerous act, that act being his throwing a quantity of methylated spirits onto the coat of the deceased and igniting it with a cigarette lighter. 2For his part in the incident, Stephen Perry pleaded guilty to concealing a serious offence and has been sentenced: R v PERRY, Steven William (a/k/a BABBAGE, Steven William) [2012] NSWSC 1645.