R v Haines; R v Lee [2016] NSWSC 1333

Supreme Court New South Wales

Medium Neutral Citation: R v Haines; R v Lee [2016] NSWSC 1333 Hearing dates: 2 September 2016 Date of orders: 29 September 2016 Decision date: 29 September 2016 Before: Harrison J Decision: For the offence of armed robbery with wounding sentence Lloyd Edward Haines to a fixed term of imprisonment of 5 years commencing on 12 August 2014 expiring on 11 August 2019.

For the offence of murder sentence Lloyd Edward Haines to imprisonment for 14 years and 8 months consisting of a non-parole period of 11 years commencing on 12 August 2015 expiring on 11 August 2026 with a balance of term of 3 years and 8 months expiring on 11 April 2030.

The first day upon which Lloyd Edward Haines will become eligible for release on parole is 12 August 2026.

For the offence of armed robbery with wounding sentence Michael Lee to a fixed term of imprisonment of 5 years commencing on 13 August 2014 expiring on 12 August 2019.

For the offence of murder sentence Michael Lee to imprisonment for 17 years and 6 months consisting of a non-parole period of 13 years and 6 months commencing on 13 August 2015 expiring on 12 February 2029 with a balance of term of 4 years expiring on 12 February 2033.

The first day upon which Michael Lee will become eligible for release on parole is 13 February 2029. Catchwords: CRIMINAL LAW – sentence – murder – constructive murder – victim fatally stabbed during the course of aggravated robbery – where no proof of intention to kill or inflict serious injury – low level of planning – offences not premeditated – objective seriousness below mid-range – disparity between offenders appropriate – separate and different roles – contrition and remorse – significant criminal histories and drug addiction – limited prospects of rehabilitation – where reduced scope for general deterrence – appropriateness of punishment and retribution – no special circumstances shown Legislation Cited: Crimes (High Risk Offenders) Act 2000 Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v Cartwright (1989) 17 NSWLR 243 R v Jacobs and Mehajer (2004) 151 A Crim R 452; [2004] NSWCCA 462 R v JB; R v RJH [1999] NSWCCA 93 R v McGarritty (NSWCCA 10 June 1994 unreported) R v Wran [2016] NSWSC 1015 Raad v R [2011] NSWCCA 138 Category: Sentence Parties: Regina (Crown) Lloyd Edward Haines (Offender) Michael Lee (Offender) Representation: Counsel: P McGrath SC (Crown) E Ozen (Haines) C Smith SC (Lee)