NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Leeton John Buchanan; R v Jerrymee Maine Kelly [2017] NSWDC 408 Hearing dates: 2 August 2017, 7 August 2017 Date of orders: 11 August 2017 Decision date: 11 August 2017 Jurisdiction: Criminal Before: KING SC DCJ Decision: BUCHANAN: Convicted. Special circumstances found – the need to provide a substantial period of supervised parole to assist in the offender's rehabilitation into the community. Sentenced to a term of imprisonment for 4 years comprising a NPP of 2 years and 3 months to commence on 12 May 2017 and to expire on 11 August 2019, and a balance of term of 1 year and 9 months to commence on 12 August 2019 and to expire on 11 May 2021. Eligible for release to parole at the expiry of the NPP, on or about 12 August 2019.
KELLY: Convicted. Special circumstances found – the need to provide a substantial period of supervised parole to assist in the offender's rehabilitation into the community. Form 1 matter (SEQ 4) taken into account on sentence imposed in respect of SEQ 1. Sentenced to a term of imprisonment for 4 years and 6 months comprising of a NPP of 2 years and 9 months to commence on 12 November 2016 and to expire on 11 August 2019, and a balance of term of 1 year and 9 months to commence on 12 August 2019 and to expire on 11 May 2021 Eligible for release to parole at the expiry of the NPP, on or about 12 August 2019 Catchwords: CRIMINAL – Sentence – armed robbery – joint criminal enterprise – offence committed while on parole – institutionalisation - subjective matters – drug use – violence – high risk of reoffending Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Mental Health Act 2007 Cases Cited: Bugmy v the Queen [2013] HCA 37 Callahan v R [2006] NSWCCA 58 Henry [1999] NSWCCA 111 R v Fernando [2002] NSWCCA 28 at 42) R v Huynh [2003] NSWCCA 239 R v McVittie [2002] NSWCCA 344 R v Moffatt [1990] 20 NSWLR 114 R v Thomson; R v Houlton (2000) 49 NSWLR 383 Category: Sentence Parties: Regina Leeton John Buchanan Jerrymee Maine Kelly Representation: Solicitors: CR: Ms M Wasilewicz Ms J Perry BUCHANAN: Ms H Le (LA) KELLY: Ms R McMahon File Number(s): 2016/00338877, 2016/00338868
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