R v HT [2012] NSWSC 656

R v HT [2012] NSWSC 656

The offender is sentenced to imprisonment with a non-parole period for manslaughter and a concurrent fixed term for robbery in company, reflecting reductions for early guilty plea and undertaking to give evidence, limited weight for remorse due to refusal to acknowledge involvement, and special circumstances owing to youth and rehabilitation prospects.

Parties
Crown: Regina; Accused: HT
Jurisdiction
Australia
Judgment Date
11 April 2012
Procedural Posture
Criminal / Sentencing
Outcome
For manslaughter, sentenced to imprisonment for 6 ½ years, non-parole period of 4 years and 3 months from 18 August 2009; for robbery in company, fixed term of 3 ½ years from 18 August 2009, concurrent; eligible for parole on 17 November 2013.
Legal Topics
Manslaughter, Robbery in Company, Sentencing, Leniency, Complicity, Remorse, Youth of Offender, Concurrent Sentences, Undertaking to Give Evidence
Criminal Law Manslaughter Robbery in Company Sentencing Leniency Complicity Remorse Youth of Offender +2 more

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Parties

Regina

Crown

HT

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for manslaughter and robbery in company committed by youth
  2. 2 Discount for offer to plead guilty and undertaking to give evidence
  3. 3 Weight of remorse and prospects of rehabilitation

Ratio Decidendi

The offender is sentenced to imprisonment with a non-parole period for manslaughter and a concurrent fixed term for robbery in company, reflecting reductions for early guilty plea and undertaking to give evidence, limited weight for remorse due to refusal to acknowledge involvement, and special circumstances owing to youth and rehabilitation prospects.

Court Disposition

For manslaughter, sentenced to imprisonment for 6 ½ years, non-parole period of 4 years and 3 months from 18 August 2009; for robbery in company, fixed term of 3 ½ years from 18 August 2009, concurrent; eligible for parole on 17 November 2013.

Orders

  • For manslaughter, sentenced to a non-parole period of 4 years and 3 months commencing 18 August 2009 and expiring 17 November 2013; balance of term 2 years and 3 months commencing 18 November 2013 and expiring 17 February 2016.
  • For robbery in company, sentenced to imprisonment for a fixed term of 3 ½ years commencing 18 August 2009 and expiring 17 February 2013, concurrent with the manslaughter sentence.