R v Dennis; R v Elwood [2014] NSWSC 1615

Supreme Court New South Wales

Medium Neutral Citation: R v Dennis; R v Elwood [2014] NSWSC 1615 Hearing dates: 14 November 2014 Decision date: 14 November 2014 Before: R A Hulme J Decision: Both: Imprisonment for 5 years with a non-parole period of 3 years Catchwords: CRIMINAL LAW - sentence - manslaughter - armed assault with intent to rob - joint criminal enterprise to rob with foresight of harm - mid-range objective seriousness but lesser role than co-offenders - prior knowledge of weapon - multiple assailants - lack of criminal history attracts leniency - home environment marked by social deprivation - remorseful - good prospects of rehabilitation - additional anxiety and stress in custody - parity - totality - accumulation - special circumstances CRIMINAL LAW - sentence - manslaughter - joint criminal enterprise to assault with foresight of harm - multiple assailants - criminal history - subject to bond at time of offence - home environment marked by social deprivation - remorseful - reasonable prospects of rehabilitation - additional anxiety and stress in custody - parity - special circumstances Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW). Crimes Act 1900 (NSW) Cases Cited: R v Ethan McKellar; R v Bevan McKellar [2014] NSWSC 1243 Category: Sentence Parties: Regina Douglas Dennis Luke Elwood Representation: Counsel: Mr T Bailey (Crown) Ms J Manuell SC (Dennis) Mr M P King (Elwood) Solicitors: Solicitor for Public Prosecutions Cater & Blumer Legal Aid NSW File Number(s): 2011/144796; 2011/144837