NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: R v Nicholas Joseph McCULLOCH; R v Benjamin BIFFIN; R v Andrew BIFFIN [2013] NSWSC 894 Hearing dates: 9, 11/04/2013, 15/05/2013 Decision date: 05 July 2013 Jurisdiction: Common Law - Criminal Before: Rothman J Decision: Nicholas McCulloch Sentenced to a non-parole period of 3 years and 4 months, commencing 28 January 2011 and concluding 27 May 2014, with a remainder of sentence of a further 3 years and 4 months, concluding 27 September 2017. First eligible for parole on 27 May 2014. Benjamin Biffin Sentenced to a non-parole period of 3 years and 7 months, commencing 21 June 2010 and concluding 20 January 2014, with a remainder of sentence of a further 3 years and 6 months, concluding 20 July 2017. First eligible for parole on 20 January 2014. Andrew Biffin Sentenced to a non-parole period of 2 years and 11 months, commencing 24 January 2011 and concluding 23 December 2013, with a remainder of sentence of a further 2 years and 11 months, concluding 23 November 2016. First eligible for parole on 23 December 2013. Catchwords: CRIMINAL LAW - sentence - manslaughter - joint criminal enterprise - no issue of principle - special circumstances - sentence imposed Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Cases Cited: Berrier v R [2009] NSWCCA 40 Hill v R (1981) 3 A Crim R 397 R v Blacklidge (Court of Criminal Appeal, 12 December 1995, unreported) R v Dodd (1991) 57 A Crim R 349 Salah v R [2009] NSWCCA 2 Veen v R (No 2) [1988] HCA 14; (1988) 164 CLR 465 Category: Sentence Parties: Regina Nicholas Joseph McCulloch Benjamin Biffin Andrew Biffin Representation: Counsel: J McLennan (Crown) P Young SC (N McCulloch) C Bruce SC (B Biffin) D Yehia SC (A Biffin) Solicitors: Office of the Director of Public Prosecutions (Crown) Legal Aid Commission (N McCulloch) Anderson Randall (B Biffin/A Biffin) File Number(s): 2010/154656; 2010/154663; 2010/154829 Publication restriction: None
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