R v AN - [2014] NSWSC 1879

Supreme Court

New South Wales

Case Name:	R v AN
Medium Neutral Citation:	[2014] NSWSC 1879
Hearing Date(s):	5 December 2014
Decision Date:	19/12/2014
Jurisdiction:	Common Law - Criminal
Before:	Hall J
Decision:	Offender convicted of the offence of manslaughter. Offender sentenced to a non-parole period of 3 years to commence on 17 December 2014 and to expire on 16 December 2017, and a parole period of 2 years 11 months to commence on 17 December 2017 and to expire on 16 November 2020. Direct that a report be prepared by Juvenile Justice in relation to the offender for the purpose of ascertaining whether there are circumstances falling within the provisions of s 19(4)(b) and/or (c) of the Children (Criminal Proceedings) Act 1987. The sentence imposed is subject to a determination to be made as to whether an order may be made under the provisions of s 19(4) of the Children (Criminal Proceedings) Act 1987 following any report from Juvenile Justice. The proceedings are stood over part-heard to 9:30am on Friday, 13 March 2015.
Catchwords:	CRIMINAL LAW - sentence - offender charged with murder - offender pleaded guilty at a late stage to the lesser offence of manslaughter - offender entitled to a discount of 15% - joint criminal enterprise - juvenile offender - finding of special circumstances - variation to statutory ratio for non-parole period - direction that a report be prepared for the purposes of ascertaining whether there are circumstances falling within the provisions of s 19(4)(b) and/or (c) of the Children (Criminal Proceedings) Act 1987- sentencing proceedings stood over
Legislation Cited:	Children (Criminal Proceedings) Act 1987 Crimes (Sentencing) Procedure) Act 1999
Category:	Sentence
Parties:	Regina (Crown) AN (Offender)
Representation:	Counsel: P Leask (Crown) J Spencer (Offender) Solicitors: Solicitor for Public Prosecutions (Crown) John B Hajje & Associates (Offender)
File Number(s):	2011/333568
Publication Restriction:	Non-Publication order in relation to the name of the accused and all under-age witnesses

REMARKS ON SENTENCE

The offender, AN, was charged on indictment that on 5 November 2010, at Bossley Park in the State of New South Wales, he did murder Eden Delir.
On 10 September 2014, he entered a plea of guilty to a charge of Manslaughter and the Crown accepted the plea in full satisfaction of the indictment.
In February 2014, the Crown had indicated to the offender’s legal representatives that it would accept a plea to manslaughter. Thereafter the required procedures were followed leading eventually to the guilty plea being entered.
Accordingly, the offender now stands for sentence in respect of the offence of manslaughter, the sentencing hearing having proceeded on 5 December 2014. Attached to these Remarks on Sentence is a Schedule setting out particulars as to the exhibited material tendered on behalf of the Crown and on behalf of the offender.
The offender was born on 18 May 1995 in Iraq. He was accordingly 15 years of age at the date of the commission of the offence on 30 October 2010 and is presently 19 years of age.

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v AN

Details

AGLC: R v An [2014] NSWSC 1879
Case: [2014] NSWSC 1879
Decision Date: 19/12/2014

CaseChat Overview and Summary

The case of R v AN involved the offender who was charged with the serious crime of murder. The offender ultimately pleaded guilty to the lesser offence of manslaughter. The court considered whether the offender was entitled to a discount of 15% due to the late plea. This discount is typically granted in cases where the offender changes their plea to guilty at a late stage. Additionally, the court examined whether the offender was involved in a joint criminal enterprise and whether they were a juvenile offender. These factors could impact the severity of the sentence imposed.

The legal issues before the court were whether the offender was entitled to a discount for pleading guilty late and whether special circumstances existed that warranted a variation to the statutory ratio for the non-parole period. The court had to determine if the offender was part of a joint criminal enterprise and if they were a juvenile, which could influence the sentence. Furthermore, the court was required to decide whether to direct a report to ascertain whether there were circumstances falling within the provisions of s 19(4)(b) and/or (c) of the Children (Criminal Proceedings) Act 1987.

In delivering its judgment, the court found that the offender was entitled to a discount of 15% for pleading guilty at a late stage. The court also considered the special circumstances of the case, including the offender's involvement in a joint criminal enterprise and their status as a juvenile. The court decided that these factors warranted a variation to the statutory ratio for the non-parole period. Additionally, the court directed that a report be prepared to determine if there were circumstances falling within the provisions of s 19(4)(b) and/or (c) of the Children (Criminal Proceedings) Act 1987. The sentencing proceedings were stood over pending the preparation of this report.

The final orders of the court included the granting of a 15% discount for the late plea, a variation to the statutory ratio for the non-parole period based on the special circumstances, and the direction for a report to be prepared under the Children (Criminal Proceedings) Act 1987. The sentencing proceedings were adjourned until the report was completed.

Orders