R v Barnes [2013] NSWSC 1627

R v Barnes [2013] NSWSC 1627

The offender was to be sentenced for manslaughter on the agreed basis that he joined and remained ready and willing to assist in a joint criminal enterprise to assault the deceased, while knowing a firearm was present, but did not foresee death, grievous bodily harm, or Lockett's use of the firearm. His objective criminality was serious, aggravated by offending while on parole and prior serious offending, but mitigated by the late guilty plea, remorse, lack of physical assault, and limited foresight. Parity did not require the same sentence as Tuivaga because although their culpability was assessed as equal, Tuivaga's harder custodial conditions justified a lesser sentence. Totality...

Jurisdiction
Australia
Judgment Date
08 November 2013
Procedural Posture
Criminal Sentencing for Manslaughter / Remarks on Sentence After Guilty Plea
Outcome
Convicted and sentenced to imprisonment for 7 years with a non-parole period of 5 years.
Legal Topics
['manslaughter' 'joint Criminal Enterprise' 'parity' 'special Circumstances' 'conditional Liberty' 'remorse' 'totality']
['criminal Law' 'sentencing'] ['manslaughter' 'joint Criminal Enterprise' 'parity' 'special Circumstances' 'conditional Liberty' 'remorse' 'totality']

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Procedural Posture

Criminal Sentencing for Manslaughter / Remarks on Sentence After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for manslaughter arising from a joint criminal enterprise to assault Wallace Ruiz-Sanchez.' "Whether the offender's knowledge that a firearm was present and his continued participation affected objective seriousness." 'Whether a discount should be allowed for the late guilty plea and, if so, in what amount.' 'Whether parity with co-offenders, particularly Tuivaga, affected the sentence.' "Whether the sentence should be cumulative on the offender's existing sentence and whether special circumstances should be found."]

Ratio Decidendi

The offender was to be sentenced for manslaughter on the agreed basis that he joined and remained ready and willing to assist in a joint criminal enterprise to assault the deceased, while knowing a firearm was present, but did not foresee death, grievous bodily harm, or Lockett's use of the firearm. His objective criminality was serious, aggravated by offending while on parole and prior serious offending, but mitigated by the late guilty plea, remorse, lack of physical assault, and limited foresight. Parity did not require the same sentence as Tuivaga because although their culpability was assessed as equal, Tuivaga's harder custodial conditions justified a lesser sentence. Totality...

Court Disposition

Convicted and sentenced to imprisonment for 7 years with a non-parole period of 5 years.

Orders

  • ['Richard Barnes was convicted of manslaughter.' 'The offender was sentenced to a term of imprisonment of 7 years with a non-parole period of 5 years commencing on 6 December 2011 and expiring on 5 December 2016.' 'The balance of term is 2 years commencing on 6 December 2016 and expiring on 5 December 2018.' 'The...