R v RC; R v JM [2016] NSWSC 98

Supreme Court New South Wales

Medium Neutral Citation: R v RC; R v JM [2016] NSWSC 98 Hearing dates: 5 February 2016 Decision date: 08 February 2016 Before: R A Hulme J Decision: RC Robbery in company: imprisonment for a fixed term of 3 years. Manslaughter: imprisonment for 4 years 10 months with a non-parole period of 1 year 3 months.

JM For each offence, ordered to enter into a good behaviour bond pursuant to s 9 of the Crimes (Sentencing Procedure) Act for a period of 6 months subject to the conditions. Catchwords: CRIMINAL LAW – sentence – manslaughter – robbery in company – joint criminal enterprise – lesser role than co-offenders – guilty pleas – assistance to authorities in trial of co-accused – on parole at time of offence – long history of substance abuse including heroin and methamphetamine – extensive criminal history – limited intellectual and cognitive functioning – specific deterrence of more significance than general deterrence – remorse – some prospects of rehabilitation – minimal prospects of re-offending

CRIMINAL LAW – sentence – robbery in company – victim lured into park – key role in planning of the robbery – age 17 at time of offence – acting under duress – guilty pleas – assistance to authorities in trial of co-accused – subjective circumstances attract leniency – neglectful and abusive childhood – drug use from early age – physical health issues – limited mental capacity – insignificant criminal history – prior good character – remorse – reasonable prospects of rehabilitation Legislation Cited: Crimes Act 1900 (NSW) ss 18, 97(1), 154F Crimes (Sentencing Procedure) Act 1999 (NSW) s 9 Criminal Appeal Act 1912 (NSW) s 5DA Category: Sentence Parties: Regina RC JM Representation: Counsel: Ms M Cunneen SC (Crown) Mr P Rosser QC (RC) Mr R Cavanagh (JM)