CITATION: R v REID [2005] NSWSC 230
HEARING DATE(S): 1/11/04; 3/11/04; 12/11/04
JUDGMENT DATE :
1 April 2005JUDGMENT OF: Hulme J at 1
DECISION: Imprisonment for a non-parole period of 17 years to date from 23 May 2003 and a balance of sentence of 5 years and 6 months to commence on 23 May 2020. I specify as the date upon which he will become eligible for release on parole to be 23 May 2020.
PARTIES: Regina
Craig Anthony ReidFILE NUMBER(S): SC 70083/03
COUNSEL: Crown: M Hobart
Prisoner: D DaltonSOLICITORS: S Kavanagh
SE O'Connor
LOWER COURT JURISDICTION:
- IN THE SUPREME COURT
OF NEW SOUTH WALES
CRIMINAL DIVISION
- No: 70083/03
HULME J
1 April 2005
1 HULME J: On 5 July 2004 the abovenamed pleaded guilty to a charge that on or about 7 August 2002 at Lavington in the State of New South Wales he did murder Samantha Meredith. He was convicted, he applied for me to disqualify myself because I had sentenced one Sharon Ward for being an accessory after the fact to the murder and in those proceedings had made findings about her and, at least implicitly, him. I reserved my decision to consider some additional documentation and the Prisoner’s matter adjourned. On 23 July 2004 I rejected the disqualification application (and another made that day) and most of the documents relied on by the Crown were then tendered. On 25 August 2004 the Court of Criminal Appeal rejected an appeal from my refusal to disqualify myself – see R v Reid [2004] NSWCCA 301 - and on Monday 1 November the sentencing proceedings resumed. Although 3 days had been set aside in fact the proceedings occupied short periods on 1 and 3 November and some further time on 12 November. I then reserved my decision.
2 It is appropriate that I acknowledge at the outset that apart from such matters as are implicit in the Prisoner’s plea, before I can use any matters of fact adversely to the Prisoner, I must be satisfied of such matters to the criminal standard of proof. It is sufficient that I be satisfied of matters which go in mitigation on the balance of probabilities.
3 An autopsy report by Dr Sugo, supplemented by a further expert certificate of 21 July 2004, states that the cause of death was the existence of multiple incised (and, the photographs would indicate, to a substantial degree overlapping) wounds to the neck. In totality, the wound extended for a distance of approximately 220mm from near the left ear to behind the right ear. There was incomplete incision of the left sternomastoid muscle, division of all anterior strap muscles of the neck below the level of the hyoid bone and transection of the right sternomastoid muscle, three of the carotid arteries, the right internal jugular vein and of the posterior pharyngeal wall. The front of bones in the upper cervical spine show a number of…
Continue reading R v Reid
Sign in free to access the full text
- AGLC
- R v Reid [2005] NSWSC 230
- Case
- [2005] NSWSC 230
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.