R v Lambaditis [2015] NSWSC 746

Supreme Court New South Wales

Medium Neutral Citation: R v Lambaditis [2015] NSWSC 746 Hearing dates: 5 June 2015 Decision date: 12 June 2015 Jurisdiction: Common Law - Criminal Before: Hall J Decision: The offender is sentenced to a non-parole period of imprisonment of 6 years and 9 months to commence on 3 November 2013 and to expire on 2 August 2020.

There will be a parole period of 2 years and 3 months to commence on 3 August 2020 and to expire on 2 November 2022. Catchwords: CRIMINAL LAW – Sentence – Manslaughter – Early plea of guilty – Offender under the influence of alcohol – Offender punched the deceased – Deceased died from head injuries suffered – Deceased was not known to the offender – Attack was unprovoked – Offence of assault on Form 1 taken into account – Discount of 25% allowed for guilty plea – Offence at least mid-range of objective seriousness – Offender had no history of violence – Offender showed remorse – No special circumstances – No variation to standard non-parole period warranted – Consideration of R v Loveridge [2014] NSWCCA 120 – Need for general deterrence in cases of this type – Sentenced to 9 years imprisonment – 6 years and 3 months non-parole period Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Cases Cited: Attorney General's Application No 1 of 2002 (2002) 56 NSWLR 146 Attorney-General under s 36 Criminal Justice Act 1988 [2005] EWCA Crim 812 Donaczy v R [2010] NSWCCA 143 Hopley v R [2008] NSWCCA 105 R v Dyer [2014] NSWSC 1809 R v Field [2014] NSWSC 1797 R v Lane (No 3) [2015] NSWSC 118 R v Lavender [2005] HCA 37; 222 CLR 67 R v Loveridge [2014] NSWCCA 120 R v Matthews [2015] NSWSC 49 Regina v Dodd (1991) 57 A Crim R 349 Regina v Hoerler [2004] NSWCCA 184 Regina v KT [2007] NSWSC 83 Wilson v The Queen (1992) 174 CLR 313 Category: Sentence Parties: Regina (Crown) Nicholas Lambaditis (Offender) Representation: Counsel: T Bailey (Crown) E Ozen (Offender)