Supreme Court
New South Wales
Medium Neutral Citation: R v Holmes (No 7) [2021] NSWSC 570 Hearing dates: 20, 21 May 2021 Date of orders: 21 May 2021 Decision date: 21 May 2021 Jurisdiction: Common Law Before: Campbell J Decision: On the charge of manslaughter, the offender is sentenced to a term of imprisonment having a non-parole period of 4 years and 3 months commencing on 5 March 2019 and expiring on 4 June 2023 with an additional term of 1 year and 6 months expiring on 4 December 2024. Catchwords: CRIME – sentencing – manslaughter – where offender did not have the actual specific intent of killing the victim – guilty plea – discount to be applied – whether utilitarian discount under s 25E(1)(b) is available where offer to plead guilty to an offence made but not formally entered in committal proceedings – statutory construction – whether alternative less serious offence is a “different offence” the subject of the proceedings
Legislation Cited: Crimes Act 1900 (NSW) ss 18, 24, 25A
Crimes (Sentencing Procedure) Act 1999 (NSW) ss 10, 21A, 25D, 25E, 47
Criminal Procedure Act 1986 (NSW) ss 66, 75, 78, 79
Interpretation Act 1987 (NSW) s 8(b)
Cases Cited: Muldrock v The Queen [2011] HCA 39; 244 CLR 120
R v Black (No 2) [2021] NSWSC 77
R v Blake Davis [2021] NSWSC 235
R v Field [2014] NSWSC 1797
R v Forbes [2005] NSWCCA 337; 160 A Crim R 1
R v Loveridge [2014] NSWCCA 120; 243 A Crim R 31
Texts Cited: N/A
Category: Sentence Parties: Regina (Crown)
Shane Holmes (Offender)Representation: Counsel:
Solicitors:
Robert Munro (Crown)
Angus Webb (Accused)
Office of the Director of Public Prosecutions (Crown)
Adrian Kiely Legal (Accused)
File Number(s): 2018/20429 Publication restriction: N/A
JUDGMENT
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On 2 February 2021, Shane Holmes was arraigned at Newcastle Courthouse on an indictment containing two counts. The first count was that on 27 June 2018 he murdered Chad Hadden contrary to s 18(1)(a) Crimes Act 1900 (NSW). The second count, in the alternative, was that he unlawfully killed Mr Hadden contrary to s 18(1)(b). This latter form of unlawful killing is referred to as manslaughter. Mr Holmes entered a plea of not guilty to the murder count, but guilty to the manslaughter count. The learned Crown Prosecutor declined to accept the guilty plea in full discharge of the whole indictment. Mr Holmes, therefore, stood trial by a jury of 12 for the murder of Mr Hadden. After a trial of two weeks duration the jury returned a verdict of not guilty of murder, by majority.
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Mr Holmes did not resile from his plea of guilty to the manslaughter of Mr Hadden. Indeed, it was never disputed at trial that it was Mr Holmes who landed the blow that caused Mr Hadden’s untimely death. He first offered to plead guilty to manslaughter on the 12th of December, 2018 when the matter remained in the Local Court. The formal plea was not entered until…
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- AGLC
- R v Holmes (No 7) [2021] NSWSC 570
- Case
- [2021] NSWSC 570
- Decision Date
CaseChat Overview and Summary
The central legal issue was the interpretation of the Sentencing Act and whether an offer to plead guilty to a different offence constituted a sufficient basis for applying a utilitarian discount. The court considered statutory construction principles to determine if an alternative less serious offence was indeed a "different offence" that could fall within the scope of the proceedings. The defendant's counsel argued that the offer to plead guilty, even though not formally entered, should still qualify for the discount, while the prosecution maintained that a formal plea was necessary to trigger the discount.
The court held that the statutory language of the Sentencing Act did not explicitly require a formal plea to be entered in committal proceedings for the discount to apply. Instead, it found that the offer to plead guilty, when made, was sufficient to warrant the application of the discount. The court reasoned that the purpose of the discount was to encourage guilty pleas, and an offer to plead guilty was a manifestation of this intent. Consequently, the court concluded that the discount was applicable in this instance.
The Supreme Court ordered that a utilitarian discount be applied to the defendant’s sentence, reflecting the guilty plea. The exact terms of the sentence were not specified in the summary provided.
Orders
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Background
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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