R v Grenenger - [1999] NSWSC 380

CITATION: Regina v Grenenger [1999] NSWSC 380

CURRENT JURISDICTION:

FILE NUMBER(S): 70050/97

HEARING DATE(S): 26 March 1999

JUDGMENT DATE:
23 April 1999

PARTIES :

Regina
Nicholas Raymond Grenenger

JUDGMENT OF: Sully J

COUNSEL : D. Howard - Crown
T. O'Donnell - Prisoner

SOLICITORS:

CATCHWORDS:

DECISION: Penal servitude for 3 years comprising a minimum term of 18 months and an additional term of 18 months. The minimum term will commence on 17 March 1999 and expire on 16 September 2000. Order pursuant to s.24(1) of the Sentencing Act 1989 - prisoner to be released to parole at the expiration of the minimum term.

13

SUPREME COURT OF
NEW SOUTH WALES
CRIMINAL DIVISION

SULLY J

23 April, 1999

70050/97 - REGINA v Nicholas Raymond GRENENGER

ON SENTENCE

1 HIS HONOUR: On 3 March 1999 Nicholas Raymond Grenenger, [“the prisoner”], was presented in this Court for trial upon an indictment charging him with having murdered, on or about 5 November 1996 at Bargo, one Robert Lance Wirepo, [“the deceased”]. The prisoner pleaded not guilty, and he was put, accordingly, upon his trial by jury. The trial continued until 19 March 1999, upon which day the jury returned a verdict finding the prisoner not guilty of murder but guilty of manslaughter.
2 The prisoner was remanded in custody to 26 March for sentence. On that day I heard submissions on sentence; and thereafter I further remanded the prisoner in custody for sentence on a date to be fixed.
3 The Crown case at trial was, essentially, a simple one. It was that at about 7 pm on 5 November 1996 a number of patrons were drinking in the bar of Bicey’s Hotel at Bargo. Among them were the prisoner and the deceased. The prisoner was in the company of two men named Davies and Pascoe; and the deceased was in the company of two men named Baird and Cockburn. A fight broke out between Mr. Davies and Mr. Baird, and it developed very quickly into an ugly incident involving all six of the men previously mentioned. In the course of that expanded fight, the prisoner picked up a bar stool and struck with it a number of blows to the deceased. One of those blows caused part of one of the metal legs of the bar stool to puncture the right side of the deceased’s head at a point 10 cm above, and 2 cm in front of, the deceased’s right ear canal; and to penetrate the deceased’s skull in a track moving from front to back, from right to left, and downwards.
4 The severity of this wound can be judged from the following detailed description of the wound as given by Dr. Hulewicz, the pathologist who conducted the post mortem examination of the deceased:
“There was a track extending from the hole in the scalp through the right side of the skull through the dura. The dura is a tough membrane which surrounds the brain, through the right side of the brain.…

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 Grenenger

Details

AGLC: R v Grenenger [1999] NSWSC 380
Case: [1999] NSWSC 380
Decision Date: 23 April 1999

CaseChat Overview and Summary

In the Supreme Court of New South Wales, Criminal Division, Nicholas Raymond Grenenger was convicted of manslaughter for fatally striking Robert Lance Wirepo with a bar stool during a brawl at Bicey’s Hotel in Bargo. Grenenger argued self-defence, claiming Wirepo threatened him with a pool cue, but the jury found he acted unlawfully. Grenenger was sentenced to three years in penal servitude, consisting of an 18-month minimum term and an 18-month additional term, with parole eligibility at the end of the minimum term.

The court considered both the objective severity of the crime and Grenenger’s subjective circumstances in determining the sentence. The court acknowledged the gravity of taking a life, especially in a public place, but also noted Grenenger's young age, lack of prior criminal history, and genuine remorse. The court highlighted Grenenger's mild-mannered nature and out-of-character conduct during the incident. Despite the serious nature of the crime, the court balanced these factors, aiming to avoid exposing Grenenger to the risks of prolonged imprisonment and to minimize the impact on his life.

Comparing Grenenger’s case to similar cases where lesser sentences were imposed, the court concluded that a three-year sentence was appropriate. The court also recommended urgent classification and consideration for placement in a facility suitable for young offenders to mitigate potential negative impacts of incarceration. The sentence reflects a careful consideration of both the objective severity of the crime and the subjective circumstances of the offender, aiming for a just outcome that respects the law while also considering Grenenger's personal circumstances.

Orders