R v Duffy (No. 7) [2015] NSWSC 1321

Supreme Court New South Wales

Medium Neutral Citation: R v Duffy (No. 7) [2015] NSWSC 1321 Hearing dates: 21 August 2015 Date of orders: 18 September 2015 Decision date: 18 September 2015 Jurisdiction: Common Law - Criminal Before: Davies J Decision: For the offence of steal in a dwelling-house the offender is sentenced to a fixed term of imprisonment of 2 years commencing 1 June 2012 and expiring 31 May 2014.

For the manslaughter of Colleen Deborah Ayers the offender is sentenced to a non-parole period of 8 years commencing 1 March 2013 and expiring 28 February 2021 with an additional term of 4 years expiring 28 February 2025. Catchwords: CRIMINAL LAW – manslaughter – steal in a dwelling-house – offender and co-offender charged with murder – guilty plea by co-offender – verdict of manslaughter for offender after trial – assist with unlawful and dangerous act – victim met co-offender at hotel – victim invited offender, co-offender and others to her parents' place – all parties affected by drug and alcohol consumption – victim killed after sexual involvement with offender – victim buried in shallow grave at property – guns and other property stolen from property after killing of victim – offender with no psychiatric or psychological issues except drug and alcohol abuse – lack of remorse – poor prospects of rehabilitation – continued illicit drug use in custody – parity with other offenders Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Pawnbrokers and Second Hand Dealers Act 1996 (NSW) Cases Cited: R v De Simoni (1981) 147 CLR 383 R v Evans [2015] NSWSC 254 Category: Principal judgment Parties: Crown Micheal John Duffy (Defendant) Representation: Counsel: E Wilkins SC (Crown) J Trevallion (Defendant)