R v Jermaine BOLT [2013] NSWSC 895

Supreme Court New South Wales

Medium Neutral Citation: R v Jermaine BOLT [2013] NSWSC 895 Hearing dates: 07/06/2013 Decision date: 05 July 2013 Jurisdiction: Common Law - Criminal Before: Rothman J Decision: Sentenced to a non-parole period of 12 years' imprisonment, commencing 15 October 2011 and concluding 14 October 2023, with a remainder of term of a further 6 years' imprisonment, concluding on 14 October 2029. First eligible for release on 14 October 2023. Catchwords: CRIMINAL LAW - sentence - murder - domestic violence - intention to inflict grievous bodily harm - momentary and spontaneous intention - a degree of provocation - principles in Fernando applied - sentence imposed Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Cases Cited: McCullough v R [2009] NSWCCA 94; (2009) 194 A Crim R 439 R v Fernando (1992) 76 A Crim R 58 R v Millwood [2012] NSWCCA 2 Category: Sentence Parties: Regina (Crown) Jermaine BOLT (Offender) Representation: Counsel: J McLennan (Crown) C Bruce SC (Offender) Solicitors: Office of the Director of Public Prosecutions (Crown) Legal Aid Commission (Offender) File Number(s): 2011/328884 Publication restriction: None

REMARKS ON SENTENCE 1On 15 October 2011, Jermaine Bolt was arrested and charged with murder. He has been in custody since that date. Mr Bolt was charged that, on the day of his arrest, namely, 15 October 2011, at Ballina in the State of New South Wales, he murdered Tanya Murray. The offence arose out of an incident of domestic violence. The deceased, Tanya Murray, was Mr Bolt's partner.