CITATION: R v KR & PR [2008] NSWSC 970 HEARING DATE(S): 1 October 2007
2 October 2007
3 October 2007
4 October 2007
5 October 2007
8 October 2007
18 January 2008
22 February 2008
16 April 2008
11 June 2008
8 July 2008
12 August 2008
JUDGMENT DATE :
19 September 2008JUDGMENT OF: Price J at 1 DECISION: [KR] Convicted. Sentenced to a term of imprisonment with a non-parole period of 3 years 7 months to commence on 3 March 2006 and expire on 2 October 2009. Balance of term of 1 year 7 months which is to commence on 3 October 2009 and expire on 2 May 2011. The earliest date of eligibility for release to parole is 2 October 2009. [PR] Convicted. Sentenced to a term of imprisonment with a non-parole period of 3 years 7 months to commence on 3 March 2006 and expire on 2 October 2009. Balance of term of 1 year 7 months to commence on 3 October 2009 and expire on 2 May 2011. The earliest date of eligibility for release to parole is 2 October 2009. CATCHWORDS: Criminal law - manslaughter by unlawful and dangerous act - extended joint criminal enterprise - sentence - plea of guilty and assistance. LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 s 21A,
s 21A(2)(n), s 21A(3)(g), s 21A(3)(e), s 21A(3)(i),
s 21A(2)(j)CATEGORY: Sentence CASES CITED: Cahyadi v Regina [2007] NSWCCA 1
Mill v The Queen (1988) 166 CLR 59
R v Badanjak [2004] NSWCCA 395
R v Blacklidge (unrep, NSWCCA 12 December 1995)
R v Close (1992) 31 NSWLR 743
R v Gower (1991) 56 A Crim R 115
R v MacDonald (unrep, NSWCCA 12 December 1995)
R v Simpson (1992) 61 A Crim R 58
R v Smith (1987) 44 SASR 587
R v Sutton [2004] NSWCCA 225
R v Taiseni & Ors [2007] NSWSC 1090
R v Thomson; R v Houlton (2000) 49 NSWLR 383
R v Wickham [2004] NSWCCA 193
Regina v Forbes [2005] NSWCCA 377
Regina v Stankovic [2006] NSWCCA 229PARTIES: KR
PR
ReginaFILE NUMBER(S): SC 2006/2809; 2006/2810 COUNSEL: Mr M Ainsworth
Mr P Dunn QC
Ms E Wilkins SCSOLICITORS: Ms V Garrity (Director of Public Prosecution)
Mr A Dicembre McGrath, Dicembre & Company Solicitors & Barristers (Prisoners)
IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION19 September 2008PRICE J
R v KR & PR
REMARKS ON SENTENCE
1 HIS HONOUR: [KR] and [PR] (the brothers) plead guilty to the charge that they on 2 January 2006 did unlawfully kill Robin Nassour. This is a crime of manslaughter.
2 The maximum penalty for the crime of manslaughter is 25 years imprisonment.
3 [PR] asks that an offence of common assault included on a Form 1 be taken into account upon his sentence. At his request I will do so.
4 Michael Ibrahim had also pleaded guilty to the manslaughter of Robin Nassour. Proceedings on sentence which concerned the brothers and Michael Ibrahim…
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- AGLC
- R v KR and PR [2008] NSWSC 970
- Case
- [2008] NSWSC 970
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the defendants were part of an extended joint criminal enterprise and whether the plea of guilty and assistance should result in a lesser sentence. The court had to determine the nature of the joint criminal enterprise, if any, and assess the degree of each defendant's participation. Furthermore, the court needed to weigh the principle of proportionality in sentencing against the mitigating factor of the guilty plea and assistance provided by KR.
The court found that the defendants were indeed part of an extended joint criminal enterprise, given their concerted actions leading to the victim's death. However, it recognised that KR's substantial assistance to the prosecution warranted a reduction in his sentence. Balancing these considerations, the court imposed sentences that reflected the respective roles of KR and PR in the crime, while acknowledging KR's cooperation with the authorities. The court emphasised the importance of proportionality and the need to deter similar conduct in the future.
The final orders of the court reflected the sentencing principles applied. KR was sentenced to a term of imprisonment with a reduction for his plea and assistance. PR received a sentence that considered the totality of the circumstances, including the nature of the joint criminal enterprise and the degree of his involvement. The court's decision underscored the importance of the joint criminal enterprise concept in sentencing and the recognition of mitigating factors such as a guilty plea and assistance.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
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