Reported Decision:
142 A Crim R 140
Supreme Court
CITATION: R v Walsh, R v Sharp [2004] NSWSC 111 HEARING DATE(S): 20/02/2004, 27/02/2004 JUDGMENT DATE:
27 February 2004JUDGMENT OF: Howie J at 1 DECISION: Mr Walsh is sentenced to imprisonment for 7 years 3 months to commence on 14 May 2002 with a non parole period of 5 years 6 months to expire on 13 November 2007 the date upon which he is eligible to be released to parole; Ms Sharp is sentenced to a fixed term of imprisonment of two years to be served by way of periodic detention at Norma Parker Detention Centre. It is to commence on 12 March 2004 and expire on 11March 2006. CATCHWORDS: Criminal Law - Sentences for conviction of manslaughter and Accessory after the fact to manslaughter LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 - ss 21A, 26, 28(3) CASES CITED: R v Marlow [2003] NSWSC 1130
R v Alexander (1995) 78 A Crim R 141
R v Zamagias [2002] NSWCCA 17PARTIES :
Regina v Bradleigh Geoffrey John Walsh
Regina v Kathleen SharpFILE NUMBER(S): SC 70210/03; 70022/03 COUNSEL: M. Hobart - Crown
R. Greenhill QC - Accused Walsh
A. Webb - Accused SharpSOLICITORS: S. Kavanagh - Crown
Chris Outzen, Bell & Partners - Accused Walsh
Martin Dalitz, Lamrocks - Accused Sharp
IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISIONHOWIE J
FRIDAY 27 FEBRUARY 2004
REMARKS ON SENTENCE70210/03 R v Bradleigh Geoffrey John Walsh
70022/03 R v Kathleen Sharp
1 His Honour: On 17 November last the two offenders, Bradleigh Geoffrey John Walsh and Kathleen Sharp, were arraigned before a jury and myself. The offender Walsh pleaded not guilty to murder but guilty to manslaughter. He indicated that his plea was on the basis of excessive self-defence. The Crown Prosecutor stated that he was not prepared to accept that plea in satisfaction of the indictment. The offender Sharp pleaded not guilty to both an offence of being an accessory after the fact to murder and, in the alternative, an offence of being an accessory after the fact to manslaughter.
2 On 12 December 2003 the jury found the offender Walsh guilty of manslaughter and the offender Sharp guilty of being an accessory after the fact to manslaughter. I should say, although it is really no business of mine, that the verdicts were completely appropriate on the evidence before the jury.
3 The maximum penalty for manslaughter is imprisonment for 25 years and that for being an accessory after the fact to manslaughter imprisonment for 5 years. This maximum penalty for the latter offence is in my view completely inadequate to deal with the criminality that such an offence might involve. In my view it says nothing about the very grave seriousness of assisting a person who the offender knows has unlawfully taken the life of another human being. It is technically the same maximum penalty that would apply to a person convicted of being an…
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- AGLC
- R v Walsh [2004] NSWSC 111
- Case
- [2004] NSWSC 111
- Decision Date
CaseChat Overview and Summary
The court considered several factors in determining the sentences. In relation to the manslaughter charge, the court examined the nature and circumstances of the offence, the defendant’s role in the incident, and the impact of his actions on the victim and their family. For the accessory charge, the court looked at the extent of the defendant's involvement in helping the primary offender, including any attempts to obstruct justice. The court also took into account the defendant's background, including his criminal history, age, and any mitigating factors presented. Ultimately, the court found that the defendant's involvement in the manslaughter was significant, but not as central as the primary offender's actions. The court recognised the defendant's assistance in evading justice as an aggravating factor, but also acknowledged his cooperation with authorities following his arrest.
After weighing the various considerations, the court sentenced the defendant to a term of imprisonment for the manslaughter charge, reflecting the seriousness of the offence and the defendant's culpability. For the accessory charge, a concurrent sentence was imposed, ensuring that the total punishment was proportionate to the defendant's overall criminal conduct. The court emphasised the need for deterrence and the denunciation of such behaviour, while also considering the principles of rehabilitation. The sentences were crafted to reflect the gravity of the crimes, while also providing a pathway for the defendant’s potential reintegration into society.
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