R v Dennis [2018] NSWSC 1733

Supreme Court New South Wales

Medium Neutral Citation: R v Dennis [2018] NSWSC 1733 Hearing dates: 12 November 2018 Decision date: 15 November 2018 Jurisdiction: Common Law Before: R A Hulme J Decision: Imprisonment for 18 years 9 months with a non-parole period of 14 years Catchwords: SENTENCING – murder – offender stabbed victim while intoxicated by drugs and alcohol – possession of weapon with intent to cause actual bodily harm taken into account on Form 1 – offender with violent and abusive upbringing – polysubstance use disorder – lengthy criminal history – offence just below midrange of objective seriousness – Court not permitted to call up breached bonds imposed in the Local Court – expression of remorse – 20 per cent discount for guilty plea Legislation Cited: Crimes Act 1900 (NSW) ss 19A, 33B Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 21A(5AA), 54A(2) Cases Cited: Drew v R [2016] NSWCCA 310; 264 A Crim R 1 Category: Sentence Parties: Regina Howard Dean Dennis Representation: Counsel: Mr L Shaw (Crown) Mr J Kellaway (Offender)

Solicitors: Solicitor for Public Prosecutions Legal Aid NSW File Number(s): 2016/250801

Judgment 1. HIS HONOUR: Mr Howard Dennis has pleaded guilty and is to be sentenced for the murder of Ms Marion Hickey at Walgett on 19 August 2016. 2. Murder is a crime that has a maximum penalty under s 19A of the Crimes Act 1900 (NSW) of imprisonment for life and (in the circumstances of this case) a standard non-parole period under the Crimes (Sentencing Procedure) Act 1999 (NSW) of 20 years. 3. The offender has also asked that in sentencing him for this offence I take into account his guilt for an offence listed on a Form 1 document: possessing an offensive weapon with intent to assault a man and cause him actual bodily harm. That is an offence against s 33B of the Crimes Act for which there is prescribed a maximum penalty of 12 years.