R v Bailey [2018] NSWSC 411

Supreme Court New South Wales

Medium Neutral Citation: R v Bailey [2018] NSWSC 411 Hearing dates: 23 March 2018 Date of orders: 05 April 2018 Decision date: 05 April 2018 Jurisdiction: Common Law - Criminal Before: Garling J Decision: (1) For the offence of the murder of Guy Henderson, I impose a sentence of imprisonment comprising a non-parole period of 15 years and 9 months with a balance of term of 5 years and 3 months to commence on 23 July 2016.

(2) You will not be eligible for release on parole before 22 April 2032. Catchwords: SENTENCING – one offence of murder – mid-range of seriousness – early guilty plea – self-induced intoxication – diagnosed mental disorders – Autism Spectrum Disorder – Attention Deficit Hyperactivity Disorder – Oppositional Defiance Disorder – aggravating factor – offence occurred in the home of the girlfriend of the victim – mitigating factors – offence was spontaneous and unplanned – remorse – no special circumstances – importance of general deterrence and punishment Legislation Cited: Crimes Act 1900 Crimes (High Risk Offenders) Act 2006 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Madden v R [2011] NSWCCA 254 Markarian v R [2005] HCA 25; (2005) 228 CLR 357 Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120 Texts Cited: Not Applicable Category: Principal judgment Parties: Crown Dylan John Bailey (Offender) Representation: Counsel: T McCarthy (Crown) E Wilson SC (Offender)