R v Petryk, Daniel [2018] NSWSC 119

Supreme Court New South Wales

Medium Neutral Citation: R v Petryk, Daniel [2018] NSWSC 119 Hearing dates: 2 February 2018 Date of orders: 16 February 2018 Decision date: 16 February 2018 Jurisdiction: Common Law Before: Wilson J Decision: 1 The offender is convicted of the offences of murder, and robbery whilst armed with a dangerous weapon. 2 For those offences the offender is sentenced to an aggregate term of imprisonment of 26 years to date from 3 April 2016 and expiring on 2 April 2042. I specify a non-parole period of 19 years and 6 months, expiring on 2 October 2035. 3 The sentences that would have been imposed had separate sentences been fixed are: (1) Murder: 26 years imprisonment; (2) Robbery whilst armed with a dangerous weapon: 8 years imprisonment. 4 The offender is advised that the Crimes (High Risk Offenders) Act 2006 (NSW) may apply to him. Catchwords: CRIME – SENTENCE – murder – robbery whilst armed with a dangerous weapon - sentence after trial - home invasion – offender armed with a loaded shortened rifle – weapon voluntarily discharged at short range – Crown case advanced on alternate bases of principal liability or constructive murder – limited subjective case 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: Cayhadi v R [2007] NSWCCA 1; 168 A Crim R 41 Imbornone v R [2017] NSWCCA 144 R v Fidow [2004] NSWCCA 172 R v Jacobs (2004) 151 A Crim R 452; [2004] NSWCCA 462 R v Mills (unreported decision of the NSWCCA of 3 April 1995 per Cole JA) R v Qutami (2001)127 A Crim R 369; [2001] NSWCCA 353 The Queen v Olbrich [1999] HCA 54; (1999) 199 CLR 270 Category: Principal judgment Parties: The Crown Daniel Petryk – the offender Representation: Counsel: Mr L Carr as Crown Prosecutor Mr A Webb for the offender