R v Loveridge [2013] NSWSC 1638

Supreme Court New South Wales

Medium Neutral Citation: R v Loveridge [2013] NSWSC 1638 Hearing dates: 25/10/13 Decision date: 08 November 2013 Jurisdiction: Common Law - Criminal Before: Campbell J Decision: The offender is convicted and sentenced as follows: (1) For the third count, the offence of assaulting Matthew Serrao, I sentence you to a fixed term of imprisonment of 4 months commencing on 18th September 2012 and expiring on 17th January 2013; (2) For the fourth count, the offence of assaulting Rhyse Saliba, I sentence you to a fixed term of imprisonment of 4 months commencing on 18th November 2012 and expiring on 17th March 2013; (3) For the fifth count, the offence of assaulting Aden Gazi, I sentence you to a fixed term of imprisonment of 4 months commencing on 18th March 2013 and expiring on 17th July 2013; (4) For the second count, the offence of assaulting Marco Compagnoni occasioning him actual bodily harm, I sentence you to a fixed term of imprisonment of 6 months commencing on 18th May 2013 and expiring on 17th November 2013; (5) For the first count, the manslaughter of Thomas Kelly, I sentence you to a term of imprisonment having a non-parole period of 4 years commencing on 18th November 2013 and expiring on 17th November 2017, with an additional term of 2 years commencing on 18th November 2017 and expiring on 17th November 2019. The earliest date on which you will be eligible for release on parole is 18th November 2017. The total effect of sentence therefore is one of 7 years and 2 months with an effective non-parole period of 5 years and 2 months. Catchwords: CRIMINAL LAW - sentence - guilty pleas - three charges of common assault - one charge of assault occasioning actual bodily harm - one charge of manslaughter by an unlawful and dangerous act Legislation Cited: Crimes (Sentencing Procedure Act) 1999 (NSW) Cases Cited: Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194; 79 NSWLR 1 Donaczy v R [2010] NSWCCA 143 Hili v The Queen [2010] HCA 45; 242 CLR 520 KT v R [2008] NSWCCA 51 Pearce v The Queen [1998] HCA 57; 194 CLR 610 R v Bashford [2007] NSWSC 1380 R v Castle [2012] NSWSC 1603 R v Dang [1999] NSWCCA 42 R v Dawes [2004] NSWCCA 363 R v Greenhalgh [2001] NSWCCA 437 R v McDonald (Unrep, 12/12/1995 NSWCCA) R v O'Hare [2003] NSWSC 652 R v Risteski [1999] NSWSC 1248 R v Smith [2008] NSWSC 201 Veen v The Queen (No 2) [1988] HCA 14 164 CLR 465 Category: Sentence Parties: Regina Kieran Loveridge Representation: Counsel: PE Barrett (Crown) MD Austin with LC Hutchinson (Offender) Solicitors: Director of Public Prosecutions (Crown) Aboriginal Legal Service (NSW/ACT) (Offender) File Number(s): 2012/223921