R v DS; R v DM [2020] NSWSC 422

Supreme Court New South Wales

Medium Neutral Citation: R v DS; R v DM [2020] NSWSC 422 Hearing dates: 31 October 2019; 14 November 2019; 14 February 2020; 28 February 2020 Date of orders: 01 May 2020 Decision date: 01 May 2020 Jurisdiction: Common Law - Criminal Before: Bellew J Decision: The offender DS

In respect of the offender DS, I make the following orders:

1) In respect of the charge of taking and driving a motor vehicle in circumstances of aggravation, the offender is convicted.

2) In respect of that charge, the offender is sentenced to 6 years and 4 months imprisonment commencing on 7 April 2017 and expiring on 6 August 2023. I decline to set a non-parole period on the basis that there is no utility in doing so.

3) In respect of the charge of murder, the offender is convicted.

4) In respect of that charge, the offender is sentenced to imprisonment for 15 years and 4 months to date from 7 April 2020 and to expire on 6 August 2035.

5) I specify a non-parole period of 10 years and 9 months to date from 7 April 2020 and to expire on 6 January 2031.

6) The total term of imprisonment imposed is one of 18 years and 4 months imprisonment.

7) The offender will be eligible for parole on 7 January 2031 and the sentence will expire on 6 August 2035.

8) Pursuant to s 19 of the Children (Criminal Proceedings) Act 1987 (NSW) I order that the offender serve his sentence as a juvenile offender until he attains 21 years of age.

9) Pursuant to s 25C of the Crimes (High Risk Offenders) Act 2006 (NSW) I advise the offender of the existence of that Act and of its application to the offences.