NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: R v Towney (No 2) [2016] NSWSC 97 Hearing dates: 16 February 2016 Date of orders: 16 February 2016 Decision date: 16 February 2016 Jurisdiction: Common Law - Criminal Before: Fagan J Decision: 1. For the murder of John Frail at Gilgandra on 20 July 2013 Trent Towney is sentenced to a non-parole period of 18 years to commence on 24 December 2014 and to expire on 23 December 2032 and a balance of the term of 6 years to commence on 24 December 2032 and to expire on 24 December 2038.
2. The offender will be eligible for release on parole at the expiry of the non-parole period.
3. Pursuant to s 25C(1) of the Crimes (High Risk Offenders) Act 2006 (NSW) the offender is notified that the provisions of the Act apply to him and the offending the subject of these proceedings. Catchwords: CRIMINAL LAW – sentence – murder – intention to kill – knife wounds – not guilty plea – provocation – excessive self-defence – disadvantaged background – record of previous convictions – committed in presence of child – offender on conditional liberty – consideration of comparable cases for consistency Legislation Cited: Crimes Act 1900 (NSW) Crimes Amendment (Provocation) Act 2014 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Cases Cited: Beldon v R [2012] NSWCCA 194 Bugmy v The Queen [2013] HCA 37; (2013) 249 CLR 571 Carr v R [2009] NSWSC 995 Collon v R [2009] NSWCCA 187 R v Fernando (1992) 76 A Crim R 58 Green v The Queen; Quinn v The Queen (2011) 244 CLR 462 JB v R [2012] NSWCCA 12 R v Barlow [2013] NSWSC 217 R v Hines (No 3) [2014] NSWSC 1273 R v Hunt [2014] NSWSC 1919 R v Jones [2012] NSWSC 1433 R v Mbele [2013] NSWSC 1394 R v O'Donnell [2009] NSWSC 42 R v Shee [2012] NSWSC 1422 R v Shiels [2011] NSWSC 1177 Wilson v R [1992] HCA 31; (1992) 174 CLR 313 Wong v The Queen (2001) 207 CLR 584 ZZ v R [2013] NSWCCA 83 Category: Sentence Parties: Regina (Prosecution) Trent David James Towney (Accused) Representation: Counsel: Mr Pat Barrett Mr Ian Nash
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