R v Scott (No 6) [2015] NSWSC 678

Supreme Court New South Wales

Medium Neutral Citation: R v Scott (No 6) [2015] NSWSC 678 Hearing dates: 29 May 2015 Date of orders: 29 May 2015 Decision date: 29 May 2015 Jurisdiction: Common Law Before: Wilson J Decision: Sentenced to a term of imprisonment of: A non parole period of 18 years to date from 6 April 2013 and expire on 5 April 2031; An overall term of imprisonment of 24 years to expire on 5 April 2037. Catchwords: CRIMINAL LAW – sentence – murder - verdict of guilty at trial – fact finding implicit in jury's verdict - use of a knife - reliance on excessive self-defence Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v Isaacs (1997) 41 NSWLR 374 Category: Principal judgment Parties: Regina Michael Scott Representation: Counsel: Mr. J. Bowers as Crown Prosecutor Mr. W. Flynn (Offender) Solicitors: Solicitor for Public Prosecutions Archbold Legal (Offender) File Number(s): 2013/104881

Judgment 1. Michael Vincent Scott (the offender) was arraigned on 10 March 2015 upon an indictment which charged him with the murder of Riley Dehn, on 5 April 2013, at Cessnock in this State. He entered a plea of not guilty. A jury was empanelled and his trial commenced. 2. On 30 March 2015 the offender was re-arraigned before the jury at his own request. He pleaded as follows: I plead not guilty to murder, but guilty to manslaughter based on the grounds of self defence. 1. The plea to the alternative charge of manslaughter was not accepted by the Crown in discharge of the indictment, and the trial continued. 2. The jury was sent out on verdict on the afternoon of 7 April 2015. A verdict of guilty to murder was returned on 10 April 2015. 3. Section 19A of the Crimes Act 1900 provides a maximum penalty of life imprisonment for murder. The Table to Division 1A of Part 4 of the Crimes (Sentencing Procedure) Act 1999 fixes a standard non-parole period of 20 years. These are the statutory guideposts that the Court must take into account, along with the other facts and circumstances relevant to the assessment of sentence. 4. Under s 61(1) of the Crimes (Sentencing Procedure) Act 1999 the Court is to sentence an offender convicted of murder to life imprisonment if: "… the court is satisfied that the level of culpability in the commission of the offence is so extreme that the community interest in retribution, punishment, community protection and deterrence can only be met through the imposition of that sentence." 1. The Crown does not submit such a finding should be made and s 61 has no application in this matter.