R v Robertson; R v McArthur [2014] NSWSC 1401

Supreme Court New South Wales

Medium Neutral Citation: R v Robertson; R v McArthur [2014] NSWSC 1401 Hearing dates: 26, 27 August, 13 October 2014 Decision date: 15 October 2014 Before: Harrison J Decision: 1. Sentence Darren Stewart Robertson to a term of imprisonment of 10 years and 8 months commencing on 6 September 2013 and expiring on 5 May 2024 with a non-parole period of 8 years expiring on 5 September 2021. 2. Sentence Darren James McArthur to a term of imprisonment of 25 years and 2 months commencing on 2 October 2012 and expiring on 1 December 2037 with a non-parole period of 18 years and 10 months expiring on 1 August 2031. Catchwords: CRIMINAL LAW - sentence - manslaughter - early plea of guilty - joint criminal enterprise to assault deceased - offender drove co-offender to premises where fatal stab wound inflicted on deceased - offender not present when wound inflicted - whether sentence should take account of the use of a weapon by co-offender - whether offender likely to re-offend - crime at mid-range of objective seriousness - where crime the result of considerable planning - whether sentence should take account of the need for general deterrence - whether genuine remorse shown by offender - whether offender entitled to favourable consideration due to custodial conditions

CRIMINAL LAW - sentence - murder - late plea of guilty - whether utilitarian value in plea - joint criminal enterprise to assault deceased - offender inflicted fatal stab wound on deceased with sharp implement - whether offender armed with a knife - whether offender intended to kill deceased - offender remorseful - crime above mid-range of objective seriousness - where crime the result of considerable planning - whether sentence should take account of the need for special deterrence - offender heavy drug user - whether statutory ratio of parole and non-parole periods should be varied due to anticipated need to supervise and assist offender upon release - whether offender entitled to favourable consideration due to custodial conditions Legislation Cited: Crimes (Administration of Sentences) Act 1999 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Bollen v R (1998) 99 A Crim R 510 R v Previtera (1997) 94 A Crim R 76 Category: Sentence Parties: Regina (Crown) Darren Stewart Robertson (Accused) Darren James McArthur (Accused) Representation: Counsel: C Maxwell QC (Crown) J Stratton SC (Robertson) M Austin (McArthur) Solicitors: Office of the Director of Public Prosecutions (Crown) Blair Criminal Laywers (Robertson) William O'Brien & Ross Hudson Solicitors (McArthur) File Number(s): 2012/278484 (Robertson) 2012/244645 (McArthur) Publication restriction: The deceased to be identified by pseudonym only