R v Bouggas [2015] NSWSC 914

Supreme Court New South Wales

Medium Neutral Citation: R v Bouggas [2015] NSWSC 914 Hearing dates: 22 May 2015 Date of orders: 10 July 2015 Decision date: 10 July 2015 Jurisdiction: Common Law Before: McCallum J Decision: For the offence of manslaughter, the offender is sentenced to a term of imprisonment with a non-parole period of 5 years commencing on 30 September 2013 and expiring on 29 September 2018 and a balance of term of 3 years expiring on 29 September 2021. Catchwords: CRIME – sentencing – manslaughter – dangerous and unlawful act – accused lifting and pushing victim resulting in victim falling from balcony – no intention to cause fall Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), s 21A Sentencing Act 1995 (WA), s 93 Cases Cited: The State of Western Australia v Schmidt [2014] WASCSR 91 Wilson v R [1992] HCA 31; 174 CLR 313 R v Karnib [2015] NSWDC 84 Category: Sentence Parties: Crown Chris Bouggas (offender) Representation: Counsel: M Hobart SC (Crown) M Austin (offender)

Solicitors: Alexanders Lawyers (offender) Office of the Director of Public Prosecutions (Crown) File Number(s): 2013/293896 Publication restriction: None

Judgment 1. HER HONOUR: Christopher Bouggas has pleaded guilty to the unlawful killing of Ryan Dewhurst. He now stands to be sentenced for the offence of manslaughter on the basis of a dangerous and unlawful act. 2. The offender was arrested on 29 September 2013, the day on which the offence was committed. He has been in custody since that date. He was initially charged with murder. In March 2014, while the proceedings were still in the Local Court, the offender offered a plea of guilty to manslaughter on the basis of criminal negligence. The Crown did not accept that plea and in due course the offender was arraigned on an indictment for murder. On 1 April 2015, just over a month before the date fixed for trial, the Crown presented a fresh indictment for manslaughter on the basis of a dangerous and unlawful act. The offender was re-arraigned and pleaded guilty to manslaughter on that basis. 3. The maximum penalty for the offence of manslaughter is imprisonment for 25 years. There is no standard non-parole period prescribed for that offence.