R v Briggs (No 9) [2014] NSWSC 1805

Supreme Court New South Wales

Medium Neutral Citation: R v Briggs (No 9) [2014] NSWSC 1805 Hearing dates: 17 June 2014, 11 December 2014 Decision date: 17 December 2014 Jurisdiction: Common Law - Criminal Before: Button J Decision: Sentenced to imprisonment for 18 years to date from 26 December 2012 and expire 25 December 2030, comprising a non-parole period of 13 years, followed by a balance of the term of sentence of 5 years. The first date upon which the offender will be eligible for release to parole is 25 December 2025. Catchwords: CRIMINAL LAW - remarks on sentence - plea of guilty to murder during trial - offender bashed deceased in his own home - intention to inflict grievous bodily harm, not death - spontaneous offence - some evidence of remorse - offender had serious and longstanding problem with alcohol - offender on conditional liberty at the time of the offence Legislation Cited: Crimes Act 1900 (NSW), s 157 Crimes (High Risk Offenders) Act 2006 (NSW), s 25C Crimes (Sentencing Procedure) Act 1999 (NSW), ss 21A, 28(4) Cases Cited: R v Isaacs (1997) 41 NSWLR 374; (1997) 90 A Crim R 587 The Queen v Olbrich [1999] HCA 54; 199 CLR 270 Category: Sentence Parties: Regina Cecil Paul Briggs Representation: Counsel: Mr J McLennan SC (Crown) Mr J Stratton SC (Offender) Mr C Bruce SC (Offender) Solicitors: Office of the Director of Public Prosecutions (Crown) Legal Aid NSW (Offender) Matthew Lorkin Solicitor (Offender) File Number(s): 2012/399846