R v Lane (No 4) [2018] NSWSC 1898

Supreme Court New South Wales

Medium Neutral Citation: R v Lane (No 4) [2018] NSWSC 1898 Hearing dates: 10 December 2018 Decision date: 12 December 2018 Jurisdiction: Common Law Before: R A Hulme J Decision: Imprisonment for 8 years with a non-parole period of 6 years Catchwords: CRIME – sentencing – manslaughter – additional offences of assault occasioning actual bodily harm taken into account – single punch – deceased sustained fatal injury upon hitting roadway – alcohol-fuelled violence – limited antecedents but in breach of conditional liberty – mental health considerations – entering custody for third time – previous custodial conditions onerous – hardship to elderly mother CRIME – sentencing – delay – six year delay caused by defence to both murder and manslaughter and appeals against conviction for manslaughter – conviction ultimately quashed by High Court of Australia – subsequent plea to manslaughter – whether sentence reduction appropriate for utilitarian value of plea – no utilitarian value in offer to plead to manslaughter before first trial where full defence pursued and subsequent appeal against conviction – small utilitarian value in plea shortly before retrial Legislation Cited: Crimes Act 1900 (NSW) s 59(1) Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 21A(2)(j) Cases Cited: Lane v R [2017] NSWCCA 46 R H McL v The Queen (2000) 203 CLR 452; [2000] HCA 46 R v Gilmore (1979) 1 A Crim R 416 R v Lane (No 3) [2015) NSWSC 118 R v Todd [1982] 2 NSWLR 517 Category: Sentence Parties: Regina Paul Ian Lane Representation: Counsel: Mr B Campbell (Crown) Mr E Ozen SC (Offender)