R v Field [2014] NSWSC 1797

Supreme Court New South Wales

Medium Neutral Citation: R v Field [2014] NSWSC 1797 Hearing dates: 16/12/2014 Decision date: 17 December 2014 Before: Fullerton J Decision: Imprisonment for 10 years comprising a non-parole period of 7 years and 6 months commencing on 4 July 2014 and expiring on 3 January 2022, with a balance of term of 2 years and 6 months expiring on 3 July 2024. Catchwords: SENTENCE - manslaughter - unlawful and dangerous act - one punch - unprovoked assault - no remorse - no evidence of intoxication - mid range objective seriousness - general deterrence Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: R v Carroll [2010] NSWCCA 55; 200 A Crim R 284 R v GWM [2012] NSWCCA 240 R v Loveridge [2014] NSWCCA 120 R v MD [2005] NSWCCA 342; 156 A Crim R 372 Category: Sentence Parties: The Crown Craig Steven Field (Offender) Representation: Counsel: L Carr (Crown) A Bellanto QC (Offender) Solicitors: Director of Public Prosecutions (Crown) Legal Aid NSW (Offender) File Number(s): 2012/219879

REMARKS ON SENTENCE 1HER HONOUR: On 9 December 2014 the offender was convicted after trial of the manslaughter of Kelvin Kane on 16 July 2012. He was acquitted by the jury of Mr Kane's murder. 2Mr Kane died as a result of being punched to the jaw in the carpark of the Kingscliff Beach Hotel at Kingscliff at about 9pm on 15 July 2012. 3I have received in the sentencing hearing a number of statements from members of Mr Kane's family, two of whom chose to read their statements in open Court: his partner, Suellen Harlow, and his daughter, Georgina Kane. Mr Kane's son, Bradley, also provided me with a statement, as did his sister, Wendy Apostoloff, his mother, Alice Smith, and his brother, Jeffrey Kane. 4Under the s 23 of the Crimes (Sentencing Procedure) Act 1999 (NSW) I am entitled to comment upon that material and I take this opportunity to do so lest those who have provided statements were to think, were I to refer to them later in these sentencing reasons, they were not afforded the close consideration they deserve. 5Georgina, who spoke, in part, on behalf of her brother, told me of the afternoon the family had spent together on 15 July 2012 before she and her brother left to return to Tamworth, having no reason to think that would be the last time the family would be together with their father at the helm. It was later that evening that she heard the news of what was, at that time, her father's impending death. 6In their separate ways, each member of Mr Kane's family describe him as a man of strength, depth and tenderness: a man of personal integrity who worked tirelessly on the land over many years to provide for his family, as I understand he did in a multitude of ways. To lose a father, son, brother and partner in the circumstances in which Mr Kane died has been life changing for each of them. I understand why their grief continues to overwhelm them. I also appreciate that Mr Kane's sudden and senseless death is the more painful for them when, to all accounts, he was doing little more than peacefully spending time with an old friend while his partner, Ms Harlow, was at a work dinner in another part of the hotel. 7I extend my sincere personal condolences to each of them as I do on behalf of the Court and the community.