R v Bloodsworth; R v Errington (No 5) [2018] NSWSC 79

Supreme Court New South Wales

Medium Neutral Citation: R v Bloodsworth; R v Errington (No 5) [2018] NSWSC 79 Hearing dates: 2 February 2018 Decision date: 08 February 2018 Jurisdiction: Common Law - Criminal Before: Adamson J Decision: Rhiannon Bloodsworth:

(1) For the offence of manslaughter I impose a sentence of imprisonment commencing on 31 August 2015 with a non-parole period of 7 years and 6 months and a total term of 11 years.

(2) The first date on which the offender will be eligible to be released on parole will be 27 February 2023.

(3) The sentence will expire on 30 August 2026.

Trent Errington:

(1) For the offence of manslaughter I impose a sentence of imprisonment commencing on 31 August 2015, with a non-parole period of 6 years and 4 months and a total term of 8 years and 5 months.

(2) The first date on which the offender will be eligible to be released on parole will be 30 December 2021.

(3) The sentence will expire on 30 January 2024. Catchwords: CRIMINAL LAW – sentencing – manslaughter by unlawful and dangerous act – joint criminal enterprise – co-offenders hog-tied and gagged deceased and left him in unit – discount for male offender for early offer to plead guilty to manslaughter and agreement to give evidence against female offender – subjective circumstances found for female offender Legislation Cited: Crimes Act 1900 (NSW), s 24 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 9, 10, 22, 23 Cases Cited: GAS v The Queen; SJK v The Queen (2004) 217 CLR 198; [2004] HCA 22 Hili v The Queen; Jones v The Queen (2010) 242 CLR 520; [2010] HCA 45 Lowe v The Queen (1984) 154 CLR 606; [1984] HCA 46 Markarian v The Queen (2015) 228 CLR 357; [2005] HCA 25 McAuliffe v The Queen (1995) 183 CLR 108; [1995] HCA 37 Postiglione v The Queen (1997) 189 CLR 295; [1997] HCA 26 R v Oinonen [1999] NSWCCA 310 The Queen v Lavender (2005) 222 CLR 67; [2005] HCA 37 The Queen v Olbrich (1999) 199 CLR 270; [1999] HCA 54 Weininger v The Queen (2003) 212 CLR 629; [2003] HCA 14 Category: Sentence Parties: Regina Rhiannon Lisa Bloodsworth (Offender) Trent Errington (Offender) Representation: Counsel: M Hobart SC (Crown at trial) P Barrett (Crown at sentence hearing) D Price (Offender Bloodsworth) D Carroll (Offender Errington)