Regina v Nicholas Hampton [2004] NSWSC 1215

Regina v Nicholas Hampton [2004] NSWSC 1215

The offender's manslaughter culpability arose from his guilty plea admitting participation in a joint criminal enterprise to obtain drugs from the deceased, contemplating an assault exposing the deceased to an appreciable risk of serious injury. The manslaughter was not at the low end because the deceased was in his own home and the offence was committed in company. The second count was a serious instance of entering a dwelling with intent to commit a serious indictable offence in circumstances of aggravation. Because the offences involved discrete acts of criminality, partial accumulation rather than concurrency was appropriate, subject to totality. The offender's youth, Aboriginal...

Jurisdiction
Australia
Judgment Date
17 December 2004
Procedural Posture
Criminal Sentencing / Sentence After Pleas of Guilty
Outcome
The offender was sentenced to imprisonment on both counts, with partial accumulation and a non-parole period specified for the manslaughter sentence.
Legal Topics
['manslaughter by Unlawful and Dangerous Act' 'entering a Dwelling House With Intent to Commit a Serious Indictable Offence in Circumstances of Aggravation' 'joint Criminal Enterprise' 'victim Impact Statement' 'totality' 'non Parole Period' 'special Circumstances' 'guilty Plea Discount']
['criminal Law' 'sentencing'] ['manslaughter by Unlawful and Dangerous Act' 'entering a Dwelling House With Intent to Commit a Serious Indictable Offence in Circumstances of Aggravation' 'joint Criminal Enterprise' 'victim Impact Statement' 'totality' 'non Parole Period' 'special Circumstances' 'guilty Plea Discount']

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

Criminal Sentencing / Sentence After Pleas of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for the manslaughter of Steven Klor.' 'What sentence should be imposed for entering a dwelling house with intent to commit a serious indictable offence in circumstances of aggravation.' 'Whether the sentences should be concurrent or partially accumulated having regard to totality.' 'Whether special circumstances justified departure from the statutory proportion between the non-parole period and the sentence.' 'What discounts should be allowed for the pleas of guilty.']

Ratio Decidendi

The offender's manslaughter culpability arose from his guilty plea admitting participation in a joint criminal enterprise to obtain drugs from the deceased, contemplating an assault exposing the deceased to an appreciable risk of serious injury. The manslaughter was not at the low end because the deceased was in his own home and the offence was committed in company. The second count was a serious instance of entering a dwelling with intent to commit a serious indictable offence in circumstances of aggravation. Because the offences involved discrete acts of criminality, partial accumulation rather than concurrency was appropriate, subject to totality. The offender's youth, Aboriginal...

Court Disposition

The offender was sentenced to imprisonment on both counts, with partial accumulation and a non-parole period specified for the manslaughter sentence.

Orders

  • ["For the offence of entering a dwelling house with intent to commit a serious indictable offence in circumstances of aggravation, Nicholas Hampton is sentenced to a term of two years' and eight months' imprisonment to date from 2 December 2002, expiring on 1 August 2005, with no non-parole period specified." "For...