CITATION: Regina v McNellee, Tucker and Dalley [2000] NSWSC 1154 FILE NUMBER(S): SC 70025/99; 70207/99; 70045/99 HEARING DATE(S): 26/04/00, 28/04/00, 01/05/00, 02/05/00, 03/05/00 04/05/00, 05/05/00, 08/05/00, 09/05/00, 10/05/00, 11/05/00, 27/10/00 JUDGMENT DATE: 8 December 2000 PARTIES :
Regina
Richard Charles McNellee
Jeffrey Wayne Tucker
Rodney Joel Dalley
JUDGMENT OF: Bell J at 1
COUNSEL : Mr L Gray - Crown
Mr M Austin - McNellee
Mr R Greenwood, QC - Tucker
S Russell - DalleySOLICITORS: Matthew Coates - Crown
Mr G Adler, Legal Aid Commission of NSW - McNellee
George Sten & Co - Tucker
Nyman Gibson & Co - Dalley
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999
Children (Criminal Proceedings) Act 1987CASES CITED: R v Thompson and Houlton [2000] NSWCCA 183
R v GDP (unreported) NSWCCA 22.04.91
R v Pham (1991) 55 A Crim R 128DECISION: Richard Charles McNellee - sentenced to a term of 14 years imprisonment deemed to have commenced on 03.01.99 - non-parole period of 10 years and 6 months specified - first date eligible for release on parole 02.07.09.; Jeffrey Wayne Tucker - sentenced to a term of 13 years imprisonment deemed to have commenced on 03.01.99 - non-parole period of 9 years specified - first date eligible for release on parole 02.01.08.; Rodney Joel Dalley - sentenced to a term of 10 years imnprisonment deemed to have commenced on 03.01.99 - non-parole period of 6 years specified - first date eligible for release on parole 02.01.05 - direct pursuant to s 19 of the Children (Criminal Proceedings) Act 1987 whole of sentence to be served in a detention centre.
THE SUPREME COURT
OF NEW SOUTH WALES
CRIMINAL DIVISIONBELL J
Friday, 8 December, 2000
070025/99 - REGINA -v- Richard Charles McNELLEE
070207/99 - REGINA -v- Jeffrey Wayne TUCKER
070045/99 - REGINA -v- Rodney Joel DALLEYSENTENCE
1 HER HONOUR: Richard Charles McNellee, Jeffrey Wayne Tucker and Rodney Joel Dalley each stand convicted of the murder of Glen Reay at Kamarah on 2 January 1999. A fourth man, Frederick Keith Brewer, pleaded guilty to the murder of Glen Reay on Thursday, 30 November 2000 on the fourth day of his trial before me and a jury. The sentence proceedings involving the prisoner Brewer have been stood over to 9 February 2001.
2 It is the Crown case that each of the four prisoners was a party to a common purpose to rob Glen Reay of a quantity of cannabis while they were armed variously with knives, a mattock handle and a machete. In the course of the robbery Glen Reay was stabbed twenty one times and died shortly thereafter. It is not said that any of the three prisoners standing for sentence today inflicted any of those wounds.
3 Richard Charles McNellee pleaded guilty upon his arraignment in this court on 17 September 1999. The matter came before me on 31 March 2000 when evidence was tendered and I heard submissions on sentence. I stood the matter over without passing sentence until…
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- Case
- [2000] NSWSC 1154
- Decision Date
CaseChat Overview and Summary
Richard Charles McNellee pleaded guilty to the charge, while Tucker and Dalley were found guilty by a jury. The court assessed various factors in determining the sentences, including the defendants' roles in the crime, their backgrounds, and their expressions of remorse. McNellee was sentenced to 14 years imprisonment with a non-parole period of 10 years and 6 months. Tucker was sentenced to 13 years imprisonment with a non-parole period of 9 years, and Dalley, being a juvenile at the time of the offence, was sentenced to 10 years imprisonment with a non-parole period of 6 years, to be served in a detention centre.
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