Regina v CVH [2004] NSWSC 205

Regina v CVH [2004] NSWSC 205

The manslaughter was a serious deliberate group crime involving planning, gratuitous violence and revenge, resulting in death and injury, and required a condign penalty. However, on resentencing the prisoner's youth, expressed remorse, participation in prison education and rehabilitation programs, and apparently changed attitude justified reducing the manslaughter sentence from 10 years to 8.5 years and the non-parole period from 6 years to 5 years. The separate prior drug sentence did not justify discounting the sentence for these offences, and the sentences for assault and affray were not altered.

Jurisdiction
Australia
Judgment Date
22 March 2004
Procedural Posture
Criminal Sentencing / Resentencing After Remittal by the Court of Criminal Appeal
Outcome
Prisoner resentenced; manslaughter sentence reduced, assault and affray sentences maintained concurrently.
Legal Topics
['manslaughter' 'assault' 'affray' 'youth of Offender' 'children (criminal Proceedings) Act' 'remorse' 'rehabilitation Prospects' 'statistics in Sentencing' 'totality']
['criminal Law' 'sentencing'] ['manslaughter' 'assault' 'affray' 'youth of Offender' 'children (criminal Proceedings) Act' 'remorse' 'rehabilitation Prospects' 'statistics in Sentencing' 'totality']

Case Brief

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Procedural Posture

Criminal Sentencing / Resentencing After Remittal by the Court of Criminal Appeal

Legal Issues

  1. 1 ['What sentences should be imposed on the prisoner for manslaughter, assault and affray on resentencing.' "What weight should be given to the prisoner's youth at the time of the offences and the principles in the Children (Criminal Proceedings) Act 1987." "Whether the prisoner's remorse, prison courses and changed attitude justified a reduction in sentence." 'Whether the sentence should be adjusted by reference to a separate prior sentence for supplying prohibited drugs.' 'What assistance, if any, could be obtained from Judicial Commission statistics for manslaughter sentences.']

Ratio Decidendi

The manslaughter was a serious deliberate group crime involving planning, gratuitous violence and revenge, resulting in death and injury, and required a condign penalty. However, on resentencing the prisoner's youth, expressed remorse, participation in prison education and rehabilitation programs, and apparently changed attitude justified reducing the manslaughter sentence from 10 years to 8.5 years and the non-parole period from 6 years to 5 years. The separate prior drug sentence did not justify discounting the sentence for these offences, and the sentences for assault and affray were not altered.

Court Disposition

Prisoner resentenced; manslaughter sentence reduced, assault and affray sentences maintained concurrently.

Orders

  • ['For the manslaughter of Tremain Watene, imprisonment for eight and a half years to commence on 25 January 2002 and to expire on 24 June 2010, with a non-parole period of five years to commence on 25 January 2002 and to expire on 24 January 2007.' 'For the assault on GF, a fixed term of imprisonment of two years to...