Regina v Rees [2000] NSWSC 862

Regina v Rees [2000] NSWSC 862

The sentence was fixed on the basis that the Crown had not proved beyond reasonable doubt that Rees inflicted the fatal blows or contemplated grievous bodily harm, but that he was present, was party to a joint criminal enterprise with Mark Chipperfield, and realised harm falling short of grievous bodily harm might be occasioned to the deceased. Taking into account the seriousness of unlawful homicide, his criminal record, limited but real prospects of rehabilitation, time spent in custody, and three months referable to other matters, there were no special circumstances warranting a non-parole period less than three-quarters of the sentence.

Jurisdiction
Australia
Judgment Date
01 September 2000
Procedural Posture
Criminal Sentencing for Manslaughter / Reasons for Sentence After Retrial and Jury Verdict of Not Guilty of Murder But Guilty of Manslaughter
Outcome
Jason Lee Rees was sentenced to imprisonment for manslaughter.
Legal Topics
['manslaughter' 'common Purpose' 'joint Criminal Enterprise' 'victim Impact Statement' 'non Parole Period' 'rehabilitation' 'deterrence']
['criminal Law' 'sentencing'] ['manslaughter' 'common Purpose' 'joint Criminal Enterprise' 'victim Impact Statement' 'non Parole Period' 'rehabilitation' 'deterrence']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentencing for Manslaughter / Reasons for Sentence After Retrial and Jury Verdict of Not Guilty of Murder But Guilty of Manslaughter

Legal Issues

  1. 1 ['What sentence should be imposed for manslaughter after the jury acquitted the prisoner of murder but convicted him of manslaughter.' 'Whether the sentence should be assessed on the basis that the prisoner inflicted the fatal blows or contemplated grievous bodily harm.' 'Whether special circumstances justified a non-parole period less than three-quarters of the sentence.' 'How to account for time already spent in custody, including three months referable to other matters.']

Ratio Decidendi

The sentence was fixed on the basis that the Crown had not proved beyond reasonable doubt that Rees inflicted the fatal blows or contemplated grievous bodily harm, but that he was present, was party to a joint criminal enterprise with Mark Chipperfield, and realised harm falling short of grievous bodily harm might be occasioned to the deceased. Taking into account the seriousness of unlawful homicide, his criminal record, limited but real prospects of rehabilitation, time spent in custody, and three months referable to other matters, there were no special circumstances warranting a non-parole period less than three-quarters of the sentence.

Court Disposition

Jason Lee Rees was sentenced to imprisonment for manslaughter.

Orders

  • ['Sentence term of 4 years and 3 months imprisonment taken to have commenced on 18 November 1997.' 'Non-parole period of 3 years and 3 months.' 'Earliest date eligible for release 17 February 2001.']