R v PERRY, Steven William (a/k/a BABBAGE, Steven William) [2012] NSWSC 1645

R v PERRY, Steven William (a/k/a BABBAGE, Steven William) [2012] NSWSC 1645

Because the offender pleaded guilty to concealing a serious offence, had already been in custody for close to the two-year maximum, and his subjective circumstances and recent criminal history made that time adequate to mark the criminality of the offence, the Court imposed a fixed term of imprisonment expiring on the date of sentence and declined to set a non-parole period.

Jurisdiction
Australia
Judgment Date
17 August 2012
Procedural Posture
Criminal Sentence / Sentence Following Plea of Guilty
Outcome
Offender sentenced to a fixed term of imprisonment of 16 months and 21 days commencing on 28 March 2011 and expiring on 17 August 2012.
Legal Topics
['sentence' 'plea of Guilty' 'concealing Serious Offence' 'manslaughter' 'fixed Term Imprisonment' 'non Parole Period']
['criminal Law'] ['sentence' 'plea of Guilty' 'concealing Serious Offence' 'manslaughter' 'fixed Term Imprisonment' 'non Parole Period']

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Procedural Posture

Criminal Sentence / Sentence Following Plea of Guilty

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's plea of guilty to concealing a serious offence, namely the manslaughter of Daniel Sullivan by Neil Madden." 'Whether a non-parole period should be set or a fixed term imposed where the offender had already been in custody close to the maximum sentence for the offence.']

Ratio Decidendi

Because the offender pleaded guilty to concealing a serious offence, had already been in custody for close to the two-year maximum, and his subjective circumstances and recent criminal history made that time adequate to mark the criminality of the offence, the Court imposed a fixed term of imprisonment expiring on the date of sentence and declined to set a non-parole period.

Court Disposition

Offender sentenced to a fixed term of imprisonment of 16 months and 21 days commencing on 28 March 2011 and expiring on 17 August 2012.

Orders

  • ['For the offence to which the offender pleaded guilty, he is sentenced to imprisonment for a fixed term commencing on 28 March 2011 and expiring on 17 August 2012.' 'The sentence was amended to a fixed term of imprisonment for 16 months and 21 days, commencing on 28 March 2011 and expiring on 17 August 2012.' "The...