R v Rossi-Murray [2019] NSWSC 482

Supreme Court New South Wales

Medium Neutral Citation: R v Rossi-Murray [2019] NSWSC 482 Hearing dates: 15 – 18, 22 – 26, 29 – 31 October 2018, 1, 5 – 9, 12 – 16 November 2018, 12 April 2019 Date of orders: 02 May 2019 Decision date: 02 May 2019 Jurisdiction: Common Law - Criminal Before: Rothman J Decision: Sentenced to imprisonment for a non-parole period of 7 years and 4 months, commencing 2 July 2017 and concluding 1 November 2024, with the remainder of term of 3 years and 8 months, concluding 1 July 2028. Catchwords: CRIMINAL LAW – Sentence – Manslaughter – trial for murder – offer to please – Aboriginal offender suffering violent and drug early environment and latter social exclusion – sentence imposed Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 3A(d), 21A, 22, 22A Cases Cited: Kentwell v R (No 2) [2015] NSWCCA 96 R v Lewis [2014] NSWSC 1127 Veen v The Queen (No 2) (1988) 164 CLR 465; [1988] HCA 14 Category: Sentence Parties: Regina (Crown) Barmah Rossi-Murray (Offender) Representation: Counsel: P Barrett (Crown) A Webb (Offender)

Solicitors: Office of the Director of Public Prosecutions (Crown) Blair Criminal Lawyers (Offender) File Number(s): 2016/00205098

REMARKS ON SENTENCE 1. HIS HONOUR: The offender, Barmah Rossi-Murray, was charged with murder in that on 2 July 2016 at Schofield in the State of New South Wales, he did murder Matthew Shepherd. At trial, the offender pleaded not guilty and a jury convicted him of manslaughter. Previously, the offender had offered to plead to manslaughter, but that offer had not been accepted by the Crown. 2. The Court is required to sentence Mr Rossi-Murray. For that purpose, the Court is required to find the facts upon which the conviction was based, consistent with the jury verdict.