R v Stelfox [2001] NSWSC 630

R v Stelfox [2001] NSWSC 630

A sentence of 5 years imprisonment with a non-parole period of 2 years 6 months is appropriate, reflecting a 45% discount for early plea and significant assistance, taking into account the applicant's substantial role in a serious joint enterprise resulting in death, remorse, youth, lack of prior record, and special circumstances.

Parties
Prosecution: Regina; Accused: Adrian Luke Stelfox
Jurisdiction
Australia
Judgment Date
23 July 2001
Procedural Posture
Criminal / Sentencing After Guilty Plea to Manslaughter
Outcome
Accused sentenced to 5 years imprisonment from 9 July 2001 with a non-parole period of 2 years 6 months, eligible for parole on 8 January 2004.
Legal Topics
Manslaughter, Sentencing, Discount for Assistance, Joint Criminal Enterprise
Criminal Law Manslaughter Sentencing Discount for Assistance Joint Criminal Enterprise

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Parties

Regina

Prosecution

Adrian Luke Stelfox

Accused

Procedural Posture

Criminal / Sentencing After Guilty Plea to Manslaughter

Legal Issues

  1. 1 Appropriate sentence for manslaughter committed in the course of a joint criminal enterprise
  2. 2 Application and extent of discount for assistance and early plea
  3. 3 Assessment of role and culpability of the accused

Ratio Decidendi

A sentence of 5 years imprisonment with a non-parole period of 2 years 6 months is appropriate, reflecting a 45% discount for early plea and significant assistance, taking into account the applicant's substantial role in a serious joint enterprise resulting in death, remorse, youth, lack of prior record, and special circumstances.

Court Disposition

Accused sentenced to 5 years imprisonment from 9 July 2001 with a non-parole period of 2 years 6 months, eligible for parole on 8 January 2004.

Orders

  • The prisoner is sentenced to 5 years imprisonment to commence on 9 July 2001.
  • There is to be a non-parole period of 2 years 6 months to commence on 9 July 2001 and to expire on 8 January 2004.