Supreme Court
New South Wales
Medium Neutral Citation: R v Carney; R v Cambey [2012] NSWSC 1344 Hearing dates: 19 October 2012 Decision date: 07 November 2012 Jurisdiction: Common Law - Criminal Before: Schmidt J Decision: Todd Carney is sentenced to a non-parole period of imprisonment of 6 years, commencing on 25 June 2010 and expiring on 24 June 2016 and a balance of the term of 3 years, expiring on 24 June 2019. The earliest date on which he will be eligible for release on parole will be 24 June 2016.
Luke Cambey is sentenced to a non-parole period of imprisonment of 5 years, 2 months commencing on 16 September 2008 and expiring on 15 November 2013 and a balance of term of 2 years, 6 months, expiring on 15 May 2016. The earliest date on which he will be eligible for release on parole will be 15 November 2013.
Catchwords: CRIMINAL LAW - sentence - manslaughter - excessive self defence - aggravating and mitigating matters - deterrence - parity - custody - victim impact statements Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Cases Cited: Carney v R; Cambey v R [2011] NSWCCA 223
Green v The Queen [2011] HCA 49; (2011) 244 CLR 462
Lowe v R [1984] HCA 46; (1984) 154 CLR 606
R v Dodd (1991) 57 A Crim R 349)
R v Fletcher-Jones (1994) 75 A Crim R 381)
R v Gordon (1994) 71 A Crim R 459
Stephens v R [2009] NSWCCA 240
R v MD [2005] NSWCCA 342; (2005) 156 A Crim R 37
R v Olbrich [1999] HCA 54; (1999) 199 CLR 270
R v Previtera (1997) 94 A Crim R 76
R v Scott [2005] NSWCCA 152
R v Stephens [2008] NSWSC 1429
R v Tzanis [2005] NSWCCA 274Category: Principal judgment Parties: Matter Number 2009/11701
Regina (Crown)
Todd William Carney (Offender)
Luke Joseph Cambey (Offender)Matter Number 2009/12114
Regina (Crown)
Luke Joseph Cambey (Offender)Representation: Counsel:
Mr K McKay, counsel (Crown)
Mr K Chapple SC (Offender in 2009/11701)
Mr S Hanley SC (Offender in 2009/12114)
Solicitors:
Director of Public Prosecutions (Crown)
Legal Aid of NSW (Offender in 2009/11701)
O'Brien Solicitors (Offender in 2009/12114)
File Number(s): 2009/11701 2009/12114 Publication restriction: None
Judgment
Derrick Reid died on the evening of 29 January 2006 of injuries which were inflicted on him while he was at his home, early that morning. On 1 August 2012, a jury found Todd William Carney and Luke Joseph Cambey not guilty of Derrick Reid's murder, but guilty of his manslaughter. Todd Carney and Luke Cambey each now stand for sentence for that manslaughter.
While these offences were committed in 2006 and the offenders were both first charged in 2008, they are being sentenced only in 2012 in circumstances where in 2010, they were both convicted of Mr Reid's murder. The Court of Criminal Appeal overturned those convictions, taking the view that the trial judge had erred in not leaving the alternative verdict of manslaughter…
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- Case
- [2012] NSWSC 1344
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included the principles to be applied in sentencing for manslaughter, particularly where the offence involved excessive self-defence, and the appropriate weight to be given to various mitigating and aggravating factors. The court had to determine whether the sentences were proportionate and whether the trial judge appropriately balanced the mitigating and aggravating circumstances.
The court held that the sentences were not excessive. The judges found that the trial judge had correctly identified and given due weight to the mitigating factors, such as the defendants' genuine belief in the need for self-defence. The court also considered the need for deterrence and the importance of maintaining parity in sentencing. The victim impact statements were noted but did not override the overall balance struck by the trial judge. The court concluded that the sentences were proportionate to the crime committed and affirmed the trial judge's decision.
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