R v Pratsch [2016] NSWSC 1466

Supreme Court New South Wales

Medium Neutral Citation: R v Pratsch [2016] NSWSC 1466 Hearing dates: 7 October 2016 Date of orders: 14 October 2016 Decision date: 14 October 2016 Jurisdiction: Common Law - Criminal Before: Wilson J Decision: The offender is sentenced to imprisonment for 22 years and 6 months.

That sentence comprises a non-parole period of 16 years and 10 months commencing on 28 October 2014 and expiring on 27 August 2031, with a balance of term of 5 years and 8 months, expiring on 27 April 2037. Catchwords: CRIMINAL LAW – SENTENCE – murder – s 18 Crimes Act 1900 (NSW) – multiple stab wounds causing death - plea of guilty – question of timing of plea at trial – discount for guilty plea - offender with history of domestic violence – post traumatic stress disorder – question of causal link – history of drug use - question of special circumstances Legislation Cited: Crimes Act 1900 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Drug Court Act 1998 (NSW) Cases Cited: Aktar v R [2015] NSWCCA 214 Erazo v R [2016] NSWCCA 139 Filippou v The Queen [2015] HCA 29 Melbom v R [2013] NSWCCA 210 Montero v R [2013] NSWCCA 214 R v Ingham [2011] NSWCCA 88 R v Scott [2005] NSWCCA 152 Category: Sentence Parties: Regina Leanne Gai Bernadette Pratsch Representation: Counsel: Mr L Carr (Crown) Mr R Cavanagh (Offender)