R v Laures - [2003] NSWSC 785

CITATION: R v Laures [2003] NSWSC 785

HEARING DATE(S): 28 July 2003

JUDGMENT DATE:
27 August 2003

JURISDICTION:
Common Law Division
Criminal List

JUDGMENT OF: Studdert J

DECISION: Sentenced to a term of imprisonment of eight years commencing 12 July 2002. A non parole period of five years is set, expiring 11 July 2007. Earliest date upon which the pisoner will be eligible to be released on parole is 11 July 2007.

LEGISLATION CITED: Crimes (Sentencing Procedure) Act, ss 3A, 21A, 22, 44

CASES CITED: R v Blacklidge (unreported, NSWCCA, 12 December 1995)
R v Bollen (unreported, NSWCCA, 25 March 1998)
R v Bryant [1999] NSWCCA 181
R v Chami [1999] NSWSC 1268
R v Dalley (2000) 115 A Crim R 582
R v Horton [1999] NSWSC 983
R v McDonald (unreported, NSWCCA, 12 December 1995)
R v Moore (unreported, NSWCCA, 16 June 1998)
R v Owen (unreported, NSWCCA, 5 June 1997)
R v SMP [1999] NSWCCA 318
R v Phelan (1993) 66 A Crim R 446
R v Sherry [2000] NSWCCA 35
R v Taouk (unreported, NSWCCA, 20 March 1992)
R v Thomson (2000) 49 NSWLR 383
Veen v The Queen (No 2) (1988) 164 clr 465

PARTIES :
Regina v Andre Albert Laures

FILE NUMBER(S): SC 70095/02

COUNSEL: C. Patrick (Crown)
R.S. Toner SC (Prisoner)

SOLICITORS: S.E. O'Connor (Crown)
Craddock Murray Neumann (Prisoner)

IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION
CRIMINAL LIST

STUDDERT J

Wednesday 27 August 2003

070095/02 REGINA v ANDRE ALBERT LAURES
SENTENCE

1 HIS HONOUR: On the presentation of an indictment on 28 July last before this Court, the prisoner Andre Albert Laures pleaded not guilty to the crime of murder but guilty to the crime of manslaughter. The Crown accepted the plea of guilty to manslaughter in satisfaction of the indictment and the prisoner is convicted of that crime. The plea having been entered on 28 July last, the Crown presented evidence relevant to the crime. That evidence was all in documentary form and is contained in binders marked Exhibits A and B. No oral evidence was introduced. The prisoner tendered a medical report prepared by Dr Westmore after his assessment of the prisoner at Silverwater on 30 June 2003.

2 Having received evidence and having heard submissions on sentence, I remanded the prisoner in custody to be sentenced on a date to be fixed, and the prisoner is accordingly before me today for sentence.

3 The material tendered by the Crown included a statement of facts upon the basis of which the Crown accepted the prisoner’s plea of guilty to the crime of manslaughter. There was no challenge to the content of the statement, and I act upon it. I am satisfied from my own reading of all the exhibited material as to the accuracy of that statement of facts prepared by the Crown.

4 The deceased died from a stab wound inflicted by the prisoner. It is the contention of the Crown, and I so find, that…

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 Laures

Details

AGLC: R v Laures [2003] NSWSC 785
Case: [2003] NSWSC 785
Decision Date: 27 August 2003

CaseChat Overview and Summary

In the case of Regina v Andre Albert Laures, the defendant pleaded not guilty to murder but admitted to the crime of manslaughter. The Supreme Court of New South Wales, sitting in its criminal jurisdiction, accepted the plea of guilty to manslaughter and convicted the defendant of that crime. The court, presided over by Justice Studdert, heard evidence and submissions on sentence before delivering its judgment on 27 August 2003.

The primary legal issues before the court were to determine the appropriate sentence for the crime of manslaughter, considering the specific circumstances of the case, and to set a non-parole period. The court had to balance the objective seriousness of the crime, the subjective circumstances of the defendant, and the purposes of sentencing as outlined in the Crimes (Sentencing Procedure) Act.

Justice Studdert found that the defendant's act of stabbing the victim was deliberate and dangerous, though not premeditated. The use of a knife and the lethal nature of the wound contributed to the gravity of the crime. The court rejected the submission that this case should be considered at the lower end of the range of culpability for manslaughter. It also considered the defendant's age, health issues, lack of prior criminal history, and the late plea of guilty as mitigating factors. The court found special circumstances that warranted a longer than usual parole period. Ultimately, the court sentenced the defendant to a term of imprisonment of eight years, commencing on 12 July 2002, with a non-parole period of five years.

The final orders of the court were that the defendant, Andre Albert Laures, is sentenced to a term of imprisonment of eight years, starting on 12 July 2002, with a non-parole period of five years, expiring on 11 July 2007, making the earliest date of parole eligibility 11 July 2007.

Orders