R v Phanekham (No 3) [2014] NSWSC 508

Supreme Court New South Wales

Medium Neutral Citation: R v Phanekham (No 3) [2014] NSWSC 508 Hearing dates: 10 April 2014 Decision date: 02 May 2014 Jurisdiction: Common Law - Criminal Before: Beech-Jones J Decision: For the offence of manslaughter, the offender is convicted and sentenced to a term of imprisonment comprising a non-parole period of six years commencing on 20 June 2012 and a balance of term of two years commencing on 20 June 2018. Catchwords: CRIMINAL LAW - sentence - offender acquitted of murder but found guilty of manslaughter - fact finding on sentence - whether manslaughter by unlawful and dangerous act or excessive self defence - role of intoxication - victim impact - prior criminal record - psychiatric condition - prospects of rehabilitation - discount for offer of plea prior to trial - remorse - whether special circumstances. Legislation Cited: Crimes Act 1900 (NSW), s 23, s 24, s 61, s 114, s 428C, s 558 Crimes and Other Legislation Amendment (Assault and Intoxication) Act 2014 No 2 (NSW), sch 3 item 4 Crimes (Domestic and Personal Violence) Act 2007 (NSW), s 4 Crimes (High Risk Offenders) Act 2006 (NSW), s 5A, s 25C Crimes (Sentencing Procedure) Act 1999 (NSW), s 3A, s 12, s 21A, s 21A(5AA), s 44, s 54A Cases Cited: - Berrier v R [2009] NSWCCA 40 - Butters v R [2010] NSWCCA 1 - Cheung v R [2001] HCA 67; 209 CLR 1 - Griffiths v R (1977) 137 CLR 293 - MAH v R [2006] NSWCCA 226 - R v Blacklidge (Court of Criminal Appeal (NSW), Gleeson CJ, 12 December 1995, unrep) - R v Isaacs (1997) 41 NSWLR 374 - R v Tuuta [2014] NSWCCA 40 Category: Sentence Parties: Crown (Prosecutor) Viengsavanh Phanekham (Accused) Representation: G.M..O'Rourke (Crown) P.D. Young SC (Accused) Solicitors: Director of Public Prosecutions (Crown) Breton Legal (Accused) File Number(s): 2012/193773