R v SB; R v AE; R v MG [2015] NSWSC 659

Supreme Court New South Wales

Medium Neutral Citation: R v SB; R v AE; R v MG [2015] NSWSC 659 Hearing dates: 6 March 2015; 13 March 2015; 27 March 2015 Date of orders: 01 May 2015 Decision date: 01 May 2015 Jurisdiction: Common Law - Criminal Before: Hall J Decision: SB Convicted of the offence of murder. Sentenced to a non-parole period of imprisonment of 8 years to date from 23 December 2012 and to expire on 22 December 2020, with a parole period of 4 years to commence on 23 December 2020 and to expire on 22 December 2024.

AE Convicted of the offence of murder. Sentenced to a non-parole period of imprisonment of 8 years to date from 20 November 2014 and to expire on 19 November 2022, with a parole period of 4 years to commence on 20 November 2022, to expire on 19 November 2026.

MG Convicted of the offence of murder. Sentenced to a non-parole period of imprisonment of 8 years to date from 25 November 2014 and to expire on 24 November 2022 with a parole period of 4 years to commence on 25 November 2022 and to expire on 24 November 2026.

In relation to each of SB, AE and MG Order made pursuant to s 19(1) and 19(3) of the Children (Criminal Proceedings) Act 1987, that each of that the offenders, SB, MG and AE, serve their non-parole periods of the respective sentences imposed as a juvenile offender until the day upon which each attains the age of 21 years. Catchwords: CRIMINAL LAW – Sentencing – Murder – Juvenile offenders – Extended Joint Criminal Enterprise – Verdicts of manslaughter and murder between co-offenders – Application of principle of parity – Finding of special circumstances – Variation to statutory ratio for non-parole period – Relevance of strict bail conditions - Whether offenders should serve sentence in juvenile detention – Order made directing that offenders serve their non-parole periods as juvenile offenders until attaining age of 21 Legislation Cited: Children (Criminal Proceedings) Act 1987 Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Cases Cited: Green v R [2011] HCA 49; (2011) 244 CLR 462; (2011) 86 ALJR 36 Jimmy v R [2010] NSWCA 60; (2010) 77 NSWLR 540 KT v R [2008] NSWCCA 51 R v AEM (Snr) [2002] NSWCCA 58 R v AN [2014] NSWSC 1879 R v Dennis (NSWCCA, 14 December 1992, unreported) R v Fowler [2003] NSWCCA 321 R v Hearne (2001) 124 A Crim R 451 R v Isaacs (1997) 41 NSWLR 374 R v JH [2014] NSWSC 1845 R v JP [2014] NSWSC 698 R v Khamas (1999) 108 A Crim R 499 R v Pilley (1991) 56 A Crim R 202 R v Simpson (2001) 53 NSWLR 704 R v Webb [2004] NSWCCA 330; 149 A Crim R 167 Category: Sentence Parties: Regina (Crown) SB (Offender) AE (Offender) MG (Offender) Representation: Counsel: P Leask (Crown) J Stratton SC; R Armitage (SB) A Conwell (AE) N Steel (MG)