Regina v Hayes [2004] NSWSC 1195

Regina v Hayes [2004] NSWSC 1195

Hayes is to be sentenced in parity with her co-offenders, not as stabber, taking into account her subjective circumstances and prospects of rehabilitation, with recognition of special circumstances for parole eligibility. Sentence of six years and nine months imprisonment and four years non-parole period is imposed, commencing 4 August 2004.

Parties
Prosecution: Regina; Accused: Chantelle Jade Hayes
Jurisdiction
Australia
Judgment Date
13 December 2004
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced
Legal Topics
Manslaughter, Sentencing, Parity of Sentence
Criminal Law Manslaughter Sentencing Parity of Sentence

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Chantelle Jade Hayes

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for manslaughter following guilty plea
  2. 2 Application of parity principle in sentencing co-offenders
  3. 3 Recognition of special circumstances for parole eligibility

Ratio Decidendi

Hayes is to be sentenced in parity with her co-offenders, not as stabber, taking into account her subjective circumstances and prospects of rehabilitation, with recognition of special circumstances for parole eligibility. Sentence of six years and nine months imprisonment and four years non-parole period is imposed, commencing 4 August 2004.

Court Disposition

Convicted and sentenced

Orders

  • A term of imprisonment of six years and nine months with a non-parole period of four years, commencing 4 August 2004.
  • Eligible for release on parole on 3 August 2008.