R v Bryce (No 5) [2014] NSWSC 1184

Supreme Court New South Wales

Medium Neutral Citation: R v Bryce (No 5) [2014] NSWSC 1184 Hearing dates: 8 August 2014 Decision date: 29 August 2014 Jurisdiction: Common Law 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 and an additional term of two years. Catchwords: CRIMINAL LAW - sentence - offender acquitted of murder but found guilty of manslaughter - unlawful and dangerous act - no direct evidence as to precisely how injury causing death was occasioned - resolution of uncertainty as to the basis upon which offender is to be sentenced - offence aggravated by not seeking medical attention for victim - moderate to high risk of reoffending. Legislation Cited: - Crimes Act 1900 (NSW), s 24, s 558 - Crimes (High Risk Offenders) Act 2006 (NSW), s 5A, s 25C - Crimes (Sentencing Procedure) Act 1999 (NSW), s 9, s 21A, s 44, s 54A Cases Cited: - Berrier v R [2009] NSWCCA 40 - Dulihanty v R [2013] NSWCCA 275 - MAH v R [2006] NSWCCA 226 - R v Blacklidge (Court of Criminal Appeal (NSW), 2 December 1995, unrep.) - R v Bryce (No 2) [2014] NSWSC 498 - R v Loveridge [2014] NSWCCA 120 - R v Olbrich [1999] HCA 54; 199 CLR 270 - R v PL [2009] NSWCCA 256; 199 A Crim R 199 Category: Sentence Parties: Crown (Prosecutor) John Keith Bryce (Offender) Representation: Counsel: E. Balodis (Crown) P.S. Williams (Offender) Solicitors: Director of Public Prosecutions (Crown) Andrew Scali (Offender) File Number(s): 2012/156908