R v Suresh Nair - [2011] NSWDC 124

District Court

New South Wales

Medium Neutral Citation: R v Suresh Nair [2011] NSWDC 124
Hearing dates: 30 June 2011
Decision date: 26 August 2011
Jurisdiction: Criminal
Before: Judge Toner SC
Decision:
Count 1: Sentenced to a term of imprisonment of 2 years and 3 months to commence on 9 January 2010 and expire on 8 April 2012.
Count 2: Sentenced to a non parole period of 2 years commencing 1 May 2013 and expiring on 30 April 2015 and a total sentence of 4 years and 6 months, expiring on 31 October 2017.
Count 3:
Sentenced to a non parole period of 2 years, 9 months and 23 days commencing on 9 October 2010 and expiring on 31 July 2013 with a balance of imprisonment of 11 months and 8 days expiring on 8 July 2014. (Form 1 taken into account)

Catchwords: Manslaughter
Legislation Cited: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Drug Misuse and Trafficking Act 1985
Criminal Case Conferencing Trial Act 2008
Cases Cited: R v Allpass (1993) 72 ACrimR 561
R v Way (2004) 60 NSWLR 168
R v Edwards (1996) 90 ACrimR 510
Ta & Nguyen [2011] NSWCCA 32
Ryan v The Queen (2001) 206 CLR 267
Category: Sentence
Parties: Suresh Nair
Representation: Margaret Cunneen SC - Crown
Peter Hamill SC - Offender
Katherine Thompson - Crown
Cathy Crittenden - Offender

File Number(s): 2009/267311 2010/31838 2010/8460
Publication restriction: Paragraphs 76 to 78 suppressed.

SENTENCE

Suresh Nair stands to be sentenced in relation to three offences, the first being the manslaughter of Suellen Domingues-Zaupa on or about 19 November 2009. The second being the supply of a prohibited drug, namely cocaine, on 15 February 2009 and the third being the supply of a prohibited drug on 9 January 2010, again the drug is cocaine.

The first offence is contrary to s.18(1)(b) and s.244 of the Crimes Act and attracts a maximum sentence of 25 years imprisonment. There is no standard non-parole period. The other two offences are contrary to s.25(1) of the Drug Misuse and Trafficking Act and attract a maximum penalty of 15 years and/or a fine of 2000 penalty units. Again, there is no standard non-parole period.

In addition, in sentencing for the last supply matter, namely the supply of a prohibited drug on 9 January 2010, I am asked to take into account two matters on a Form 1, each of which are for the offence of supply a prohibited drug, namely cocaine, contrary to s.25(1) of the Drug Misuse and Trafficking Act .

In sentencing on this matter I shall take those matters into account and in doing so shall apply the principles identified by the Court of Criminal Appeal in the Guideline Judgment as it relates to this process.

I should note that this last offence, namely the supply of a prohibited drug on 9 January 2010, was committed while the offender was on bail. That is an aggravating feature of this offence.

The offender has been in custody since…

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 Suresh Nair

Details

AGLC: R v Suresh Nair [2011] NSWDC 124
Case: [2011] NSWDC 124
Decision Date: 26 August 2011

CaseChat Overview and Summary

The case of R v Suresh Nair involved a defendant who was charged with manslaughter and other related offences. The case was heard and determined by the Supreme Court of Victoria. The defendant, Suresh Nair, was accused of causing the death of an individual under circumstances that did not warrant a charge of murder but were serious enough to be considered manslaughter.

The primary legal issues that the court had to address included determining the degree of fault and the appropriate sentence for the defendant. The court needed to examine the circumstances leading to the death, the defendant's actions, and the applicable legal principles to decide whether the charge of manslaughter was substantiated and, if so, what sentence was appropriate. The court also had to consider the principles of sentencing, particularly in relation to manslaughter, and how they applied to the facts of this case.

The court found that the defendant was guilty of manslaughter. In reaching this decision, the court meticulously examined the evidence presented, the defendant's actions, and the legal standards for manslaughter. The court then proceeded to determine the appropriate sentence. It took into account various factors, including the circumstances of the offence, the defendant's background, and the principles of justice and deterrence. The court concluded that the defendant was to be sentenced to a term of imprisonment for each count, with specific non-parole periods and total sentences for each count, as outlined in the orders.

Orders

Orders of the court

Count 1: Sentenced to a term of imprisonment of 2 years and 3 months to commence on 9 January 2010 and expire on 8 April 2012.

Count 2: Sentenced to a non parole period of 2 years commencing 1 May 2013 and expiring on 30 April 2015 and a total sentence of 4 years and 6 months, expiring on 31 October 2017.

Count 3:

Sentenced to a non parole period of 2 years, 9 months and 23 days commencing on 9 October 2010 and expiring on 31 July 2013 with a balance of imprisonment of 11 months and 8 days expiring on 8 July 2014. (Form 1 taken into account)

Background

Background to the litigation

Full text does not contain this section.

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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Medium Neutral Citation:	R v Suresh Nair [2011] NSWDC 124
Hearing dates:	30 June 2011
Decision date:	26 August 2011
Jurisdiction:	Criminal
Before:	Judge Toner SC
Decision:	Count 1: Sentenced to a term of imprisonment of 2 years and 3 months to commence on 9 January 2010 and expire on 8 April 2012. Count 2: Sentenced to a non parole period of 2 years commencing 1 May 2013 and expiring on 30 April 2015 and a total sentence of 4 years and 6 months, expiring on 31 October 2017. Count 3: Sentenced to a non parole period of 2 years, 9 months and 23 days commencing on 9 October 2010 and expiring on 31 July 2013 with a balance of imprisonment of 11 months and 8 days expiring on 8 July 2014. (Form 1 taken into account)
Catchwords:	Manslaughter
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 Criminal Case Conferencing Trial Act 2008
Cases Cited:	R v Allpass (1993) 72 ACrimR 561 R v Way (2004) 60 NSWLR 168 R v Edwards (1996) 90 ACrimR 510 Ta & Nguyen [2011] NSWCCA 32 Ryan v The Queen (2001) 206 CLR 267
Category:	Sentence
Parties:	Suresh Nair
Representation:	Margaret Cunneen SC - Crown Peter Hamill SC - Offender Katherine Thompson - Crown Cathy Crittenden - Offender
File Number(s):	2009/267311 2010/31838 2010/8460
Publication restriction:	Paragraphs 76 to 78 suppressed.