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R v Galea

R v Galea

Case [2003] NSWSC 465 30 May 2003

Aggravated & Exemplary Damages

Criminal Law

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CITATION: Regina v Raymond Galea [2003] NSWSC 465

HEARING DATE(S): 1 May 2003

JUDGMENT DATE:
30 May 2003

JUDGMENT OF: Sully J at 1

DECISION: 2 years pre-trial custody plus head sentence of 5 years imprisonment commencing on 7 April 2003 and expiring on 6 April 2008, with a non-parole period of 2-1/2 years commencing on 7 April 2003 and expiring on 6 October 2005

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 (NSW)

CASES CITED: Reg v Faulkner [2000] NSWSC 944

PARTIES :
Regina
Raymond Galea

FILE NUMBER(S): SC 70075/02

COUNSEL: B. Newport QC - Crown
P. Hogan - Prisoner

SOLICITORS: Director of Public Prosecutions - Crown
Gregory Goold Solicitors - Prisoner

IN THE SUPREME COURT
OF NEW SOUTH WALES
CRIMINAL DIVISION

SULLY J

Friday 30 May 2003

70075/02 – REGINA v RAYMOND GALEA
ON SENTENCE

1 HIS HONOUR: On 19 February 2003 the prisoner, (Mr. Raymond Galea), was presented in this Court for trial upon an indictment charging him with having been an accessory after the fact to the murder by one Kathy Yeo of one Christopher Mark Dorrian. The prisoner pleaded not guilty; and he stood thereupon his trial by jury. The trial concluded on 10 April 2003 with the return by the jury of a verdict of guilty. On 1 May instant the Court heard submissions on sentence. The passing of sentence was deferred until today.

2 The prisoner’s trial was in fact his third trial.

3 He was first tried by Grove J and a jury upon a charge of having murdered Christopher Dorrian. The prisoner stood that trial jointly with Kathy Yeo. The jury found Kathy Yeo guilty of murder; and found the prisoner not guilty of murder but guilty of having been an accessory after the fact to the murder committed by Kathy Yeo. Both the prisoner and Kathy Yeo appealed successfully to the Court of Criminal Appeal; and a new trial was ordered for each of them. The joint re-trial took place before James J and a jury. Kathy Yeo was again indicted for murder; and the prisoner was indicted for the accessorial offence. Kathy Yeo was again found guilty of murder; but the jury could not agree upon a verdict in the case of the prisoner.

4 The foregoing course of events has entailed that the prisoner has spent various periods in pre-trial custody. It will be necessary to calculate in due course a sentencing structure that allows appropriately for all such pre-trial custody.

5 At the commencement of the prisoner’s trial, certain matters of fact were agreed between the Crown and the defence, namely:

1. that the Crown was able to adduce evidence sufficient to prove that Kathy Yeo murdered Christopher Dorrian prior to 21 June 1997;

2. that the severed head of Christopher Dorrian was located on 21 June 1997, on a bank of the Cook’s River in this State;

6 There can be…

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 Galea

Details

AGLC: R v Galea [2003] NSWSC 465
Case: [2003] NSWSC 465
Decision Date: 30 May 2003

CaseChat Overview and Summary

In Regina v Raymond Galea, the defendant was convicted of being an accessory after the fact to the murder of Christopher Dorrian by Kathy Yeo. The case involved multiple trials and lengthy periods of pre-trial custody for the defendant, Raymond Galea. The court had to determine the appropriate sentence considering the nature of Galea's involvement in the crime and his personal circumstances.

The legal issues before the court included determining the specific acts Galea was involved in post-murder, assessing the seriousness of his crime, and weighing various subjective factors such as his character, family circumstances, and prospects for rehabilitation. The court also had to decide on the appropriate length of pre-trial custody credit and the non-parole period.

The court found that Galea was involved in cleaning up the crime scene, which was the most readily ascertainable of the acts he committed. The court rejected the hypothesis that another individual, Mark Benjamin, could have been the sole accessory. The court recognised the significant objective seriousness of Galea's involvement in the crime but also noted his good character, lack of prior criminal history, and the difficult personal circumstances, including his relationship with a supportive partner and the challenging situation of his son. The court decided that a sentence of full-time imprisonment was appropriate, reducing the non-parole period due to special circumstances, including Galea’s unblemished prior record and his personal relationships.

The final orders of the court were that Raymond Galea be sentenced to a head sentence of 5 years imprisonment, commencing on 7 April 2003 and expiring on 6 April 2008, with a non-parole period of 2-1/2 years, commencing on 7 April 2003 and expiring on 6 October 2005. The sentence also allowed for 2 years of pre-trial custody.

Orders