R v DS [2014] NSWDC 7

District Court New South Wales

Medium Neutral Citation: R v DS [2014] NSWDC 7 Hearing dates: 9/12/13, 7/2/14, 14/2/14 Decision date: 14 February 2014 Before: Judge Haesler SC DCJ Decision: Taking into account a finding of special circumstances, you are convicted and sentenced to a term of imprisonment of 10 years 6 months, consisting of a non-parole period of 6 years 6 months, to commence on 22 February 2012 and expire on 21 August 2018. You will be eligible for consideration for release to parole on 21 August 2018 to serve the balance of term of 4 years, to commence on 22 August 2018 and expire on 21 August 2022, subject to the supervision and guidance of the Community Services NSW for as long as they deem necessary. Catchwords: Sentence; attempt murder; car as weapon; mental illness; misconceived motive of child protection. Legislation Cited: Children (Criminal Proceedings) Act 1987 Crimes (Administration of Sentences) Act 1999 Crimes (Sentencing Procedure) Act 1999 Cases Cited: DPP (Cth) v De La Rosa [2010] NSWCCA 194 Hili v The Queen [2010] HCA 45 Munda v WA [2013] HCA 38 R v PRFN [2000] NSWCCA 230 Quealey v R [2010] NSWCCA 116 R v Swan [2006] NSWCCA 47 Way [2004] NSWCCA 131 Texts Cited: "Significant criminal appellate decisions in 2013" (2013) 25 Judicial Officers' Bulletin 89 Sentencing Bench Book Category: Principal judgment Parties: DS - The Offender The Crown Representation: Mr R Wilson, Public Defender - Offender Mr G Harrison, DPP - Crown File Number(s): 2012/59375 Publication restriction: No publication of children's names or anything that might identify them. Note: Judgment amended for publication to remove references which might identify the children.