R v Clarke [2001] NSWSC 703

R v Clarke [2001] NSWSC 703

The offender's participation in a planned bag-snatching robbery using a stolen motor vehicle was unlawful, inherently dangerous and objectively serious, and led to the death of a nineteen year old woman. A sentence of ten years full time imprisonment for manslaughter would otherwise have been appropriate, but the offender's early guilty plea, surrender, full and frank cooperation, truthful confession, willingness to give evidence against the co-accused, genuine remorse, and the risks arising from that assistance justified a total discount of fifty percent. His remorse and cooperation also supported a finding of special circumstances and prospects of rehabilitation, leading to a five year...

Jurisdiction
Australia
Judgment Date
20 July 2001
Procedural Posture
Criminal Sentencing / Sentence After Guilty Pleas
Outcome
The offender was convicted and sentenced for manslaughter and for being conveyed in a motor vehicle contrary to s 154A(1)(b) of the Crimes Act 1900.
Legal Topics
['manslaughter' 'being Conveyed in a Motor Vehicle Taken Without Owner Consent' 'guilty Plea' 'assistance to Authorities' 'remorse' 'non Parole Period']
['criminal Law' 'sentencing'] ['manslaughter' 'being Conveyed in a Motor Vehicle Taken Without Owner Consent' 'guilty Plea' 'assistance to Authorities' 'remorse' 'non Parole Period']

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Procedural Posture

Criminal Sentencing / Sentence After Guilty Pleas

Legal Issues

  1. 1 ['What sentence should be imposed for manslaughter arising from a robbery involving a stolen motor vehicle that resulted in the death of Lanh Ngoc Bui.' 'What sentence should be imposed for allowing himself to be conveyed in a motor vehicle knowing it had been taken without the consent of the owner contrary to s 154A(1)(b) of the Crimes Act 1900.' "What discount should be allowed for the offender's early plea, surrender, cooperation with police, and proposed evidence against the co-accused." 'Whether special circumstances justified departure from the statutory non-parole period.']

Ratio Decidendi

The offender's participation in a planned bag-snatching robbery using a stolen motor vehicle was unlawful, inherently dangerous and objectively serious, and led to the death of a nineteen year old woman. A sentence of ten years full time imprisonment for manslaughter would otherwise have been appropriate, but the offender's early guilty plea, surrender, full and frank cooperation, truthful confession, willingness to give evidence against the co-accused, genuine remorse, and the risks arising from that assistance justified a total discount of fifty percent. His remorse and cooperation also supported a finding of special circumstances and prospects of rehabilitation, leading to a five year...

Court Disposition

The offender was convicted and sentenced for manslaughter and for being conveyed in a motor vehicle contrary to s 154A(1)(b) of the Crimes Act 1900.

Orders

  • ['Wayne Alan Clarke is convicted of manslaughter.' 'For manslaughter, the offender is sentenced to a term of five years commencing on 8 August 2000 and expiring on 7 August 2005, with a non-parole period of three and a half years and eligibility for parole on 7 February 2004.' 'For the offence contrary to s...