R v FRAZER KEVIN TANKS [2016] NSWSC 519

Supreme Court New South Wales

Medium Neutral Citation: R v FRAZER KEVIN TANKS [2016] NSWSC 519 Hearing dates: 17 March 2016 Date of orders: 28 April 2016 Decision date: 28 April 2016 Before: Mathews AJ Decision: 1. For the assault occasioning actual bodily harm to Christopher Curtin, the offender is sentenced to imprisonment for six months, commencing on 11 February 2014. 2. For the manslaughter of Stephen Donoghue, the offender is sentenced to imprisonment consisting of a non-parole period of four years, commencing on 11 May 2014 and expiring on 10 May 2018, with a balance of term of three years, commencing on 11 May 2018 and expiring on 10 May 2021. Accordingly, the total term of imprisonment is seven years and three months. 3. The earliest date on which the offender will be eligible for release on parole is 10 May 2018. Catchwords: CRIMINAL LAW – Sentencing – Manslaughter – offender charged with murder, pleaded guilty to manslaughter – acquitted of murder – deceased particularly vulnerable because of pre-existing health issues – further offence of assault occasioning actual bodily harm arising out of same series of events – offender has long criminal record, but nothing major over recent years Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Cases Cited: NLR v R [2011] NSWCCA 246 Category: Sentence Parties: Director of Public Prosecutions (Crown) Frazer Kevin Tanks (Offender) Representation: Counsel: Ms N Williams (Crown) Ms J Manuell SC (Offender)