R v Sinclair [2017] NSWSC 686

Supreme Court New South Wales

Medium Neutral Citation: R v Sinclair [2017] NSWSC 686 Hearing dates: 1 – 3 May 2017 Decision date: 15 May 2017 Jurisdiction: Common Law Before: R A Hulme J Decision: Aggregate term of imprisonment for 38 years with a non-parole period of 28 years 6 months. Catchwords: CRIMINAL LAW – sentence – murder – joint criminal enterprise – objective seriousness well above mid-range – not established that the offender was aware of the possibility of death – gratuitous infliction of extreme violence – criteria for life sentence for murder not established CRIMINAL LAW – sentence – two counts of break, enter and steal in company in circumstances of special aggravation – two counts of detain with intention to obtain financial advantage while in company – one count of detain and cause actual bodily harm with intention to obtain financial advantage while in company – joint criminal enterprise – offender instrumental in formulation and execution of some offences – infliction of harm foreseen but not intended CRIMINAL LAW – sentence – offender's personal circumstances – addiction to methamphetamine – genuine remorse – good prospects of rehabilitation – guilty pleas – assistance to authorities in trial of co-accused last minute – other matters – general deterrence particularly significant for armed home invasion offences – no finding of special circumstances – aggregate sentence imposed Legislation Cited: Crimes Act 1900 (NSW) ss 19A, 86(2), 112(3) Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 21, 23(4), 61 Criminal Appeal Act 1912 (NSW) s 5DA Category: Sentence Parties: Regina "Kurt Sinclair" (a pseudonym) Representation: Counsel: Mr C Maxwell QC (Crown) Mr S Corish (Offender)