NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: R v Birch [2016] NSWSC 816 Hearing dates: 22 April 2016 Date of orders: 14 June 2016 Decision date: 14 June 2016 Jurisdiction: Common Law Before: Rothman J Decision: (1) Conviction recorded;
(2) Sentence imposed of 20 years' imprisonment, commencing 3 December 2014 and concluding 2 December 2034, with a non-parole period of 13 years' imprisonment concluding 2 December 2027. Catchwords: CRIMINAL LAW – murder – domestic violence – early guilty plea – sound rehabilitation prospects – sentence imposed Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Bugmy v The Queen [2013] HCA 37; (2013) 249 CLR 571 Kennedy v The Queen [2010] NSWCCA 260 McCullough v R [2009] NSWCCA 94; (2009) 194 A Crim R 439 R v Fernando (1992) 76 A Crim R 58 R v Millwood [2012] NSWCCA 2 Category: Sentence Parties: Regina (Crown) Luke Robert Birch (Offender) Representation: Counsel: M Pincott (Crown) E Wilson SC (Offender)
Solicitors: Office of the Director of Public Prosecutions (Crown) David Davidge Solicitor, Griffith (Offender) File Number(s): 2014/356714
REMARKS ON SENTENCE 1. HIS HONOUR: On 3 December 2014 Luke Robert Birch was arrested and charged with the murder of his partner Carol Penrith. He has been in custody since then and has pleaded guilty to the charge. The offence arose out of a domestic violence situation.
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