Regina v A

Case [2006] NSWSC 1035


CITATION: Regina v A [2006] NSWSC 1035
HEARING DATE(S): 14/08/2006, 17/08/2006. 08/09/2006, 26/09/2006
 
JUDGMENT DATE : 

3 October 2006
JUDGMENT OF: Buddin J
DECISION: Sentenced to a non-parole period of 9 years and 6 months with a total sentence of 12 years and 8 months to commence on 23 September 2004. The non-parole period will expire on 22 March 2014 on which date the offender will be eligible for release on parole. The total term will expire on 22 May 2017.
CATCHWORDS: Plea of guilty to "felony-murder" - young offender - assistance to the authorities - departure from standard non-parole period
LEGISLATION CITED: Children (Criminal Proceedings) Act 1987
Crimes Act 1900
Crimes (Sentencing Procedure) Act
CASES CITED: Andrews v R (2006) 160 A Crim R 505
Cameron v the Queen (2002) 209 CLR 339
CTC v Regina [2006] NSWCCA 263
Johns (T.S) v The Queen (1980) 143 CLR 108
MAH v R [2006] NSWCCA 226
Mulato v R [2006] NSWCCA 282
R v AB [2006] NSWSC 69
R v Adamson (2002) 132 A Crim R 511
R v AEM (Snr) & Ors [2002] NSWCCA 58
R v AJP (2004) 150 A Crim R 575
R v Chu (unreported, NSWCCA, 16 October 1998)
R v Duong (1992) 61 A Crim R 140
R v Durocher-Yvon (2003) 58 NSWLR 581
R v FD & JD (2006) 160 A Crim R 392
R v Hearne (2001) 124 A Crim R 451
R v Hoang [2003] NSWCCA 237
R v Huynh and Phung [2001] NSWSC 357
R v Imnetu [2006] NSWCCA 203
R v JB and RJH [1999] NSWCCA 93
R v MA (2004) 145 A Crim R 434
R v Mangano (2006) 160 A Crim R 480
R v Markarian [2005] HCA 25
R v MD, BM, NA and JT (2005) 156 A Crim R 372
R v Mills (unreported, NSWCCA, 3 April 1995)
R v MLP [2006] NSWCCA 271
R v Mostyn (2004) 145 A Crim R 304
R v NP [2003] NSWCCA 195
R v Patison (2003) 143 A Crim R 118
R v PG (2001) 122 A Crim R 529
R v Pham [2006] NSWCCA 288
R v Previtera (1997) 94 A Crim R 76
R v Satorre [2006] NSWCCA 298
R v Sharah (1992) 30 NSWLR 292
R v Simpson (2001) 53 NSWLR 704
R v Sukkar [2005] NSWCCA 55
R v Suteski [2002] NSWCCA 509
R v Thomson & Houlton (2000) 49 NSWLR 383
R v TNT [2002] NSWSC 537
R v Tran [2002] NSWSC 394
R v Trevenna (2004) 149 A Crim R 505
R v Voss [2003] NSWCCA 182
R v Vu [2006] NSWCCA 188
R v Waqa (No2) [2005] NSWCCA 33
R v Way (2004) 60 NSWLR 168
R v Wigney [2004] NSWCCA 171
R v Whitfield [2002] NSWCCA 59
R v Yildiz [2006] NSWCCA 97
Veen v The Queen (No2) (1988) 164 CLR 465
York v R (2005) 221 ALR 541
PARTIES: Regina
A
FILE NUMBER(S): SC 2005/298
COUNSEL: C Maxwell QC/ M Cunneen…

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AGLC
Regina v A [2006] NSWSC 1035
Case
[2006] NSWSC 1035
Decision Date

CaseChat Overview and Summary

The case before the court involved Regina, the prosecution, and A, the defendant, who had pleaded guilty to a charge of "felony-murder." The dispute centred around the appropriate sentence for A, who was a young offender. A had provided substantial assistance to the authorities, which was a factor to be considered in determining the sentence. The court had to decide the legal issues of whether the standard non-parole period should be departed from and, if so, the extent of the departure.

The legal issues before the court involved the principles of sentencing for a felony-murder conviction, the relevance of the defendant's age and level of assistance to the authorities, and the appropriate sentence for A. The court needed to consider whether the standard non-parole period should be varied and, if so, how much it should be reduced. The court had to balance the seriousness of the offence with the mitigating factors presented by A.

The court found that A's age and the level of assistance provided to the authorities were significant mitigating factors. The court held that the standard non-parole period should be departed from and reduced by a substantial amount. The court emphasised the importance of A's assistance in apprehending other offenders and the potential for rehabilitation. The court ultimately decided that a departure from the standard non-parole period was warranted and set a new non-parole period that reflected the mitigating factors.

The court ordered that A be sentenced to a term of imprisonment with a non-parole period that was significantly reduced from the standard non-parole period. The exact term and non-parole period were not specified in the text, but the court's decision demonstrated a clear consideration of the mitigating factors presented by A. The court's ruling reflected a balanced approach that took into account both the gravity of the offence and the mitigating factors presented by the defendant.

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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