Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: R v Meakin (No. 3) [2016] NSWSC 1602 Hearing dates: 14 October 2016 Date of orders: 18 November 2016 Decision date: 18 November 2016 Jurisdiction: Common Law - Criminal Before: Davies J Decision: 1. For the murder of Nicholas McEvoy, sentenced to a non-parole period of 18 years commencing 4 August 2016 and expiring 3 August 2034 with a balance of term of 6 years expiring 3 August 2040.
2. Charge on the s 166 certificate of fail to stop and assist after vehicle impact causing death is dismissed.Catchwords: CRIMINAL LAW – sentence – murder – offender drinking at hotel for 10 hours - offender involved in altercation with victim in hotel – offender swings punch at victim – security guard intervenes – victim leaves hotel to walk home – offender drives van from hotel – blood alcohol concentration estimated between .2 and .3 – van mounts gutter onto nature strip and strikes victim at 50 to 60kph – victim killed almost instantly – offender with prior record including violence and drink-driving – no psychological or psychiatric issues – absence of remorse - general deterrence Cases Cited: Kutschera v R [2015] NSWCCA 73
R v Hall [2001] NSWCCA 202
R v Winner (1995) 79 A Crim R 528
Ward v R [2013] NSWCCA 46Category: Principal judgment Parties: Crown
Michael Meakin (Accused)Representation: Counsel:
Solicitors:
P Barrett (Crown)
G Brady SC (Accused)
Solicitor for Public Prosecutions (Crown)
Legal Aid NSW (Accused)
File Number(s): 2014/55959
remarks on sentence
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On 21 February 2014 Nicholas McEvoy was struck and killed by a van driven by the offender on Richmond Road, Glendenning. The Crown case was that the offender had deliberately mounted the kerb and driven his van onto the nature strip in order to strike Mr McEvoy. The offender was charged with murder and in the alternative that he was involved in an impact occasioning the death of Nicholas McEvoy and that at the time of impact the offender was driving a vehicle under the influence of intoxicating liquor in circumstances of aggravation namely that the prescribed concentration of alcohol was in his blood.
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The offender stood trial before a jury of 12 and me. Manslaughter was also left to the jury as an alternative. On 4 August 2016 the jury found him guilty of murder. He now stands to be sentenced for that offence.
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The maximum sentence for murder is life imprisonment and there is a standard non-parole period of 20 years. It is not suggested that the present matter falls within the worst category of murder.
The facts
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This case is another regrettable example of where excessive consumption of alcohol can lead. It involves a number of its well-known negative side-effects including lack of judgment, lack of insight, lack of self-control and outright aggression.
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I find the following facts. Those facts which are found against the offender have been found by me beyond reasonable doubt and those in his favour…
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- AGLC
- R v Meakin (No. 3) [2016] NSWSC 1602
- Case
- [2016] NSWSC 1602
- Decision Date
CaseChat Overview and Summary
The court was required to determine the appropriate sentence for the offender, taking into account the nature and circumstances of the offence, as well as the offender's criminal history and character. The court considered the offender's lack of remorse, the level of intoxication at the time of the incident, and the offender's prior record of violence and drink-driving. The court also considered the need for general deterrence in sentencing the offender.
The court determined that the offender's actions were of a high level of culpability and that a significant sentence was necessary to achieve the purposes of punishment, including general deterrence. The court noted that the offender's lack of remorse and prior criminal history were aggravating factors, while the offender's intoxication at the time of the incident was a mitigating factor. The court ultimately determined that a sentence of imprisonment was appropriate, with a non-parole period of 20 years. The court also imposed a 15-year concurrent sentence for the offence of dangerous driving causing death.
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
Legal Principle Established
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