R v Reynolds R v Small [2010] NSWSC 691

R v Reynolds R v Small [2010] NSWSC 691

Matthew Reynolds was sentenced for manslaughter by criminal negligence for placing Percy Small at the helm when unfit, failing to supervise, and failing to maintain proper lookout, resulting in six deaths. Percy Small was sentenced for dangerous navigation causing death while under the influence, having taken control of the vessel in a significantly impaired state, also resulting in six deaths. Both were sentenced to imprisonment with cumulative and concurrent components, reflecting seriousness, risks taken, and personal circumstances, with findings of special circumstances affecting non-parole ratios.

Parties
Crown: Regina; Offender: Matthew Reynolds; Offender: Percy Small
Jurisdiction
Australia
Judgment Date
25 June 2010
Procedural Posture
Criminal / Sentencing After Jury Verdicts
Outcome
Offenders sentenced to imprisonment with cumulative and concurrent terms for multiple deaths, non-parole periods set, findings of special circumstances for both.
Legal Topics
Manslaughter, Dangerous Navigation Causing Death, Sentencing, Criminal Negligence, Culpability, General Deterrence
Criminal Law Manslaughter Dangerous Navigation Causing Death Sentencing Criminal Negligence Culpability General Deterrence

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Parties

Regina

Crown

Matthew Reynolds

Offender

Percy Small

Offender

Procedural Posture

Criminal / Sentencing After Jury Verdicts

Legal Issues

  1. 1 Appropriate sentences for offenders convicted of manslaughter (Reynolds) and dangerous navigation causing death (Small) after a fatal collision between vessels resulting in six deaths.
  2. 2 Assessment of individual culpability, including the impact of drug and alcohol consumption, and failure to supervise or maintain proper lookout.

Ratio Decidendi

Matthew Reynolds was sentenced for manslaughter by criminal negligence for placing Percy Small at the helm when unfit, failing to supervise, and failing to maintain proper lookout, resulting in six deaths. Percy Small was sentenced for dangerous navigation causing death while under the influence, having taken control of the vessel in a significantly impaired state, also resulting in six deaths. Both were sentenced to imprisonment with cumulative and concurrent components, reflecting seriousness, risks taken, and personal circumstances, with findings of special circumstances affecting non-parole ratios.

Court Disposition

Offenders sentenced to imprisonment with cumulative and concurrent terms for multiple deaths, non-parole periods set, findings of special circumstances for both.

Orders

  • Percy Small: Five counts—fixed 4 years each; sixth count—non-parole period of 4 years plus 2.5 years balance (total 7 years 6 months), eligibility for parole from 1 April 2015.
  • Matthew Reynolds: Five counts—fixed 4 years each; sixth count—non-parole period of 4 years plus 2.5 years balance (total 7 years 6 months), eligibility for parole from 11 February 2015.