| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
S CR 2019 0260
| THE QUEEN | Crown |
| v | |
| ROREY NOLAN | Accused |
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JUDGE: | Taylor J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 29 June 2020 |
DATE OF SENTENCE: | 10 July 2020 |
CASE MAY BE CITED AS: | R v Nolan |
MEDIUM NEUTRAL CITATION: | [2020] VSC 416 |
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CRIMINAL LAW – Sentence – Manslaughter by unlawful and dangerous act – Deceased died two months after receiving punch to the head - Plea of guilty – Moral culpability of accused reduced by significant psychological, psychiatric and cognitive difficulties – Increased importance of community protection – Poor prospects for rehabilitation – Principles in Bugmy v The Queen (2013) 249 CLR 57 and R v Verdins (2007) VR 269 applied – Sentence of 7 years with non-parole period of 4 years and six months.
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr R Gibson QC with Ms A Moran | Office of Public Prosecutions |
| For the Accused | Mr M Dempsey with Ms S Buckley | Balmer & Associates |
HER HONOUR:
Rorey Nolan, you have pleaded guilty to the manslaughter of Jamie Boothey. Mr Boothey died on 27 December 2018 from complications of a blunt force head injury. That injury was acquired on 15 October 2018 when you punched him to the face, causing him to fall backwards and hit his head on the ground.
The maximum penalty for manslaughter is 20 years’ imprisonment.[1]
[1]Manslaughter is a Category 2 offence. I must impose a custodial sentence unless specified circumstances exist: Sentencing Act 1991 (‘Sentencing Act’), ss 3, 5(2H).
Summary of Offending
On Monday 15 October 2018 Mr Boothey – also known as JJ – was aged 51 years. He went, as was his custom three or four times a week, to the Dandenong Plaza to socialise and consume alcohol with a group of people. He arrived at about 11am and sat on a bench outside the entrance of the shopping centre, drinking beer with friends, until sometime between 2.00 and 3.00 pm. At that time another friend arrived and Mr Boothey socialised with her and her group, drinking Bourbon, before returning to the bench. At about 3.45 pm you approached the bench where Mr Boothey was seated next to two other men.
What happened next is captured by CCTV and other video footage[2] as well as described by witnesses.
[2]That footage was played as part of the Crown opening on the plea. I have watched that footage again. There is no sound to the CCTV footage. There is sound to the footage filmed on the mobile phone of a bystander.
You and Mr Boothey engaged in a heated verbal exchange. He was initially seated but then stood. You were very close to each other. You were both swearing. You called him a dog and threatened to hit him. At one point he put one hand on your shoulder and took your hand in his other hand. He then sat down. You walked off.
At about 3.48 pm…
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- AGLC
- R v Nolan [2020] VSC 416
- Case
- [2020] VSC 416
- Decision Date
CaseChat Overview and Summary
The court recognised that the accused's moral culpability was reduced due to his significant psychological, psychiatric, and cognitive difficulties. However, the court also noted the increased importance of community protection and the poor prospects for rehabilitation. The court considered the principles in Bugmy v The Queen, which emphasise the need to tailor sentences to the individual offender and their circumstances, and in R v Verdins, which highlight the importance of proportionality and deterrence in sentencing. Taking all these factors into account, the court determined that an appropriate sentence for the accused was a term of imprisonment of 7 years, with a non-parole period of 4 years and six months.
In reaching this decision, the court carefully weighed the competing considerations of moral culpability, community protection, and the prospects for rehabilitation. The court recognised the need to impose a sentence that was proportionate to the offence and served to deter the accused and others from engaging in similar conduct. The court also considered the importance of providing the accused with an opportunity for rehabilitation, while ensuring that the safety and security of the community were adequately protected. Ultimately, the court was satisfied that the sentence of 7 years with a non-parole period of 4 years and six months achieved these objectives. The final orders of the court were that the accused be detained in custody and serve the sentence determined, with the non-parole period commencing from the date of his conviction.
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Orders of the court
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Background
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Decision
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