R v McNeil (No 4) [2015] NSWSC 1198

Supreme Court New South Wales

Medium Neutral Citation: R v McNeil (No 4) [2015] NSWSC 1198 Hearing dates: 21 August 2015 Decision date: 27 August 2015 Jurisdiction: Common Law - Criminal Before: R A Hulme J Decision: Imprisonment for 10 years with a non-parole period of 7 years 6 months Catchwords: CRIMINAL LAW – sentence – manslaughter by unlawful and dangerous act – plea of guilty not accepted by Crown – convicted of manslaughter following trial for murder – unprovoked attack – offender intoxicated – single punch – victim fell straight back onto road – where offender mistakenly believed victim was involved in earlier altercation – extreme seriousness of offence conceded – offender has criminal record including offences of violence – reasonable prospects of rehabilitation –remorse – general deterrence – retribution – discount for guilty plea

CRIMINAL LAW – sentence – assault occasioning actual bodily harm – guilty plea – offender intoxicated – punch to the mouth – victim required three sutures – partial accumulation of sentence for manslaughter and assault

CRIMINAL LAW – sentence – assault – guilty plea – offender intoxicated – punch causing victim to fall to ground – victim then kicked – partial accumulation of sentence for manslaughter and assault occasioning actual bodily harm Cases Cited: R v Loveridge [2014] NSWCCA 120 Category: Sentence Parties: Regina Shaun Stuart McNeil Representation: Counsel: Mr E Balodis (Crown) Mr C Smith SC (Offender)

Solicitors: Solicitor for Public Prosecutions Legal Aid NSW File Number(s): 2014/222