R v Biles (No 2) [2017] NSWSC 525

Supreme Court New South Wales

Medium Neutral Citation: R v Biles (No 2) [2017] NSWSC 525 Hearing dates: 8 March 2017, 3 May 2017 Date of orders: 03 May 2017 Decision date: 03 May 2017 Jurisdiction: Common Law - Criminal Before: Fagan J Decision: 1. For the murder of Maleeta Hart at Brewarrina on 25 April 2015 Darryl Anthony Biles is sentenced to imprisonment for a non-parole period of 18 years to commence on 26 April 2016 and to expire on 25 April 2034 and a balance of term of 6 years to commence on 26 April 2034 and to expire on 25 April 2040.

2. The offender will be eligible for release on parole at the expiry of the non-parole period.

3. Pursuant to s 25C(1) of the Crimes (High Risk Offenders) Act 2006 (NSW) the offender is notified that the provisions of the Act apply to him and to the offending the subject of these proceedings.

4. Pursuant to s 12(2) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) the offence of murder of which Darryl Anthony Biles has been convicted is to be recorded on his criminal record as a domestic violence offence. Catchwords: SENTENCE – murder – domestic violence – indigenous offender and victim – prolonged assault by offender on victim – history of violence by offender towards victim – intent to cause grievous bodily harm – where victim vulnerable by virtue of size differential, age and intoxication Legislation Cited: Crimes (Domestic and Personal Violence) Act 2007 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Evidence Act 1995 (NSW) Cases Cited: Bugmy v The Queen; (2013) 249 CLR 571; [2013] HCA 37 R v Dunn [2004] NSWCCA 41; 144 A Crim R 180 R v Edigarov [2001] NSWCCA 436; 125 A Crim R 551 R v Fernando (1992) 76 A Crim R 58 R v Hamid [2006] NSWCCA 302; 164 A Crim R 179 R v Mahon [2015] NSWSC 25 ZZ v R [2013] NSWCCA 83 Category: Sentence Parties: Regina (Crown) Darryl Anthony Biles (offender) Representation: Counsel: Mr Liam Shaw (Crown) Mr Ian Nash (offender)