R v Carney; R v Cambey - [2012] NSWSC 1344

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 274
Category: 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…

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.

Keep reading for free

Create a free CaseChat account to read R v Carney; R v Cambey and more:

Read every judgment in full
Ask AI and get answers linked to paragraphs
See how each paragraph was cited in later cases
Download judgments as PDF or Word

Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details

Case: [2012] NSWSC 1344
Decision Date: 07 November 2012

CaseChat Overview and Summary

The case involved two defendants, Carney and Cambey, who were charged with manslaughter. The dispute centred on the sentences imposed by the trial judge following the defendants' guilty pleas to the charge of manslaughter. The matter was heard in the High Court of Australia. The defendants argued that the sentences were excessive, particularly in light of the mitigating circumstances of their actions being in response to perceived threats, and the trial judge's consideration of aggravating factors, including the impact on the victims' families.

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.

Orders