R v RJB [2019] NSWSC 719

Supreme Court New South Wales

Medium Neutral Citation: R v RJB [2019] NSWSC 719 Hearing dates: 16 May 2019 Date of orders: 14 June 2019 Decision date: 14 June 2019 Jurisdiction: Common Law - Criminal Before: Hidden AJ Decision: For the murder of Luke Browning the offender is sentenced to imprisonment for 22 years comprising a non-parole period of 16 years and 6 months, commencing on 15 April 2015 and expiring on 14 October 2031, and a balance of term of 5 years and 6 months, commencing on 15 October 2031 and expiring on 14 April 2037. He will be eligible for release on parole on 15 October 2031. Catchwords: CRIMINAL LAW – sentence – murder – conviction at trial – stabbing – spontaneous - intent to inflict grievous bodily harm Legislation Cited: Crimes Act 1900 (NSW), s 421 Crimes (Sentencing Procedure) Act 1999 (NSW), s 10A Category: Sentence Parties: Regina (Crown) RJB (Offender) Representation: Counsel: Mr C Maxwell QC (Crown) Mr R Pontello (Offender)

Solicitors: Director of Public Prosecutions (Crown) Kiki Kyriacou Lawyers (Offender) File Number(s): 2015/00111895 Publication restriction: Order, until further order, that publication of the name of the offender be prohibited: s 7 of the Court Suppression and Non-Publication Orders Act 2010 (NSW)

SENTENCE 1. The offender stood trial before me on an indictment alleging the murder, or alternatively the manslaughter, of Luke Browning at St Clair on the 14 April 2015. He pleaded not guilty to murder but guilty to manslaughter. The Crown did not accept that plea of guilty in satisfaction of the indictment, and the matter proceeded to trial. The jury found him guilty of murder, and he now stands for sentence for that offence.