R v D'Ambrosio [2014] NSWSC 1685

Supreme Court New South Wales

Medium Neutral Citation: R v D'Ambrosio [2014] NSWSC 1685 Hearing dates: 21 November 2014 Decision date: 28 November 2014 Jurisdiction: Common Law - Criminal Before: Adamson J Decision: For the manslaughter of Nikola Srbin, sentenced to a term of imprisonment of 9 years and 10 months commencing on 9 October 2013 with a non-parole period of 7 years and 5 months. The earliest date upon which the offender is eligible for release on parole is 9 March 2021. Catchwords: CRIMINAL LAW - sentence - manslaughter - unlawful and dangerous act - offender who was threatened with violence due to his non-payment of a drug debt arranged for a group of men to come to his residence at the time appointed for repayment to protect him - offender orchestrated conflict that led to death - planning and deliberation involved - response inimical to civilised society and the rule of law - limited remorse - offence committed while on parole - no special circumstances Legislation Cited: Crimes Act 1900 (NSW), s 24 Cases Cited: Barbaro v The Queen; Zirilli v The Queen [2014] HCA 2; 88 ALJR 372 D'Ambrosio v R [2010] NSWCCA 120 Hili v The Queen; Jones v The Queen [2010] HCA 45 Markarian v The Queen [2005] HCA 25; 228 CLR 357 R v KP & PR [2008] NSWSC 970 R v Lavender [2005] HCA 37; 222 CLR 67 R v Olbrich [1999] HCA 54; 199 CLR 270 R v Taiseni, Motuapuaka, Leota, Tuifua [2007] NSWSC 1090 RCW v R (No. 2) [2014] NSWCCA 190 Category: Sentence Parties: Regina James Pasqual D'Ambrosio Representation: Counsel: T Bailey (Crown) C Davenport SC (Offender) Solicitors: S Kavanagh - Solicitor for Public Prosecutions (Crown) Astoria Lawyers (Offender) File Number(s): 2013/303930 Publication restriction: Nil