R v Barry Ronald Grant [2010] NSWSC 1048

R v Barry Ronald Grant [2010] NSWSC 1048

The manslaughter was a serious offence because the offender intended to kill, used a firearm, could have avoided the confrontation by abandoning or reporting the cannabis crop, and acted as part of a plan to protect a commercial criminal interest. The disposal of the body obstructed investigation and was tied to the manslaughter, warranting concurrency with the manslaughter non-parole period. The cannabis cultivation was below the middle of the range of objective seriousness, taking account of the number and maturity of plants and the early plea, warranting a non-parole period below the standard non-parole period. The supply offence was concurrent with and had the same purpose as the...

Jurisdiction
Australia
Judgment Date
15 September 2010
Procedural Posture
Sentence / Remarks on Sentence Following Guilty Pleas
Outcome
Barry Ronald Grant was sentenced to imprisonment for all four offences, with an effective first eligibility for parole on 12 August 2019.
Legal Topics
['manslaughter by Excessive Self Defence' 'wilful Disposal of a Dead Body' 'cultivation of a Large Commercial Quantity of Cannabis Plants' 'supply of Cannabis' 'non Parole Period' 'concurrency and Accumulation of Sentences']
['criminal Law' 'sentencing'] ['manslaughter by Excessive Self Defence' 'wilful Disposal of a Dead Body' 'cultivation of a Large Commercial Quantity of Cannabis Plants' 'supply of Cannabis' 'non Parole Period' 'concurrency and Accumulation of Sentences']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Sentence / Remarks on Sentence Following Guilty Pleas

Legal Issues

  1. 1 ['What sentences should be imposed for manslaughter, wilfully disposing of a dead body, cultivating a large commercial quantity of cannabis plants, and supplying cannabis.' "Whether the offender's pleas of guilty, surrender, asserted remorse, prior character, prospects of rehabilitation and asserted special circumstances should affect sentence." 'How concurrency and accumulation should be applied between the homicide-related offences and the drug offences.']

Ratio Decidendi

The manslaughter was a serious offence because the offender intended to kill, used a firearm, could have avoided the confrontation by abandoning or reporting the cannabis crop, and acted as part of a plan to protect a commercial criminal interest. The disposal of the body obstructed investigation and was tied to the manslaughter, warranting concurrency with the manslaughter non-parole period. The cannabis cultivation was below the middle of the range of objective seriousness, taking account of the number and maturity of plants and the early plea, warranting a non-parole period below the standard non-parole period. The supply offence was concurrent with and had the same purpose as the...

Court Disposition

Barry Ronald Grant was sentenced to imprisonment for all four offences, with an effective first eligibility for parole on 12 August 2019.

Orders

  • ['For cultivating a large commercial quantity of cannabis plants, imprisonment with a non-parole period of four years commencing on 13 February 2009 and expiring on 12 February 2013, with a balance of term of one year and four months expiring on 12 June 2014.' 'For supplying 8.14 kilograms of cannabis, imprisonment...