NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: R v Maybir (No 8) [2016] NSWSC 166 Hearing dates: 19 February 2016 Decision date: 04 March 2016 Before: R A Hulme J Decision: Imprisonment for 42 years with a non-parole period of 31 years 6 months Catchwords: CRIMINAL LAW – sentence – murder – victim under age of 18 – sustained physical and psychological child abuse in months preceding death – guilty plea to some offences – very bad case of murder but not in worst case category – co-offender sentenced for lesser offences – subjective circumstances do not attract leniency – no remorse – prior good character given little weight due to seriousness of offending – denunciation, deterrence and community protection outweigh rehabilitation considerations Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW) Pt 2 Div 3A Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 10, 53A, 54A, 61 Criminal Procedure Act 1986 (NSW) s 166 Cases Cited: R v KJ [2015] NSWSC 767 R v Merritt [2004] NSWCCA 19; 59 NSWLR 557 R v Twala (Court of Criminal Appeal) (NSW), 4 November 1994, unrep) The Queen v Olbrich [1999] HCA 54; 199 CLR 270 Category: Sentence Parties: Regina Kodi James Maybir Representation: Counsel: Mr C Maxwell QC (Crown) Mr G Brady SC (Offender)
Solicitors: Solicitor for Public Prosecutions Younes Espiner Criminal Lawyers File Number(s): 2013/285215
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