R v Jones [2017] NSWSC 19

Supreme Court New South Wales

Medium Neutral Citation: R v Jones [2017] NSWSC 19 Hearing dates: 30 November and 13 December 2016 Date of orders: 03 February 2017 Decision date: 03 February 2017 Before: Harrison J Decision: Sentenced to a term of imprisonment of 10 years commencing on 17 July 2015 and expiring on 16 July 2025 with a non-parole period of 6 years expiring on 16 July 2021. Catchwords: CRIMINAL LAW – manslaughter – sentence – guilty plea – unprovoked attack – older victim unknown to offender – offence in public place – genuine contrition and remorse – young offender with no history of violence – fear of re-incarceration – prospect of psychological counselling for anger management issues – good prospects of rehabilitation – need for general deterrence – special deterrence Legislation Cited: Crimes Act 1900 Crimes (High Risk Offenders) Act 2006 Cases Cited: R v Blacklidge (unreported, 12/12/95, NSWCCA) R v Loveridge [2014] NSWCCA 120 R v Winter [2013] NSWCCA 218 R v Wood [2014] NSWCCA 184 Wilson v The Queen (1992) 174 CLR 313 at 333; [1992] HCA 31 Category: Sentence Parties: Regina (Crown) Kaine Geoffrey Jones (Offender) Representation: Counsel: L Carr (Crown) J O'Sullivan (Offender)

Solicitors: Solicitor for Public Prosecutions (Crown) Legal Aid NSW (Offender) File Number(s): 2014/16667 Publication restriction: Nil

REMARKS ON SENTENCE 1. HIS HONOUR: On 28 November 2016, Kaine Geoffrey Jones pleaded guilty to the manslaughter of Graeme Wilton. He had originally been indicted upon a charge that he murdered Mr Wilton. The Director of Public Prosecutions accepted Mr Jones' plea of guilty to manslaughter on the first day of his trial in full satisfaction of the indictment. The charge of manslaughter carries a maximum penalty of 25 years imprisonment. It does not attract a standard non-parole period. 2. Mr Jones has pleaded guilty to the manslaughter of Mr Wilton upon the basis of an unlawful and dangerous act. The act upon which the Crown relies is the striking of Mr Wilton on 12 December 2013. That striking caused the death. Mr Wilton died on 10 February 2014. 3. Manslaughter by unlawful and dangerous act does not involve an intention to kill or to inflict grievous bodily harm. However, the unlawful and dangerous act must be intentional and voluntary and it must be established that a reasonable person in the position of Mr Jones would have realised that he was exposing Mr Wilton to a significant risk of serious injury: Wilson v The Queen (1992) 174 CLR 313 at 333; [1992] HCA 31. The elements of the offence in this case are established by Mr Jones' plea of guilty. 4. Mr Jones is now to be sentenced for the offence of manslaughter in accordance with a detailed set of agreed facts. Those facts are as follows: