R v Harley Page [2013] NSWSC 1711

R v Harley Page [2013] NSWSC 1711

Given the jury's verdict and the circumstances, the criminality inherent in the manslaughter cannot be meaningfully separated from the section 98 offence. Sentences ought to be concurrent, but partial accumulation applies due to special circumstances. Early offer to plead guilty to manslaughter entitles offender to a 25% discount. Both general and specific deterrence are relevant.

Jurisdiction
Australia
Judgment Date
30 October 2013
Procedural Posture
Criminal / Sentencing
Outcome
Convicted of assault with intent to rob in company with wounding and manslaughter. Sentenced to terms of imprisonment with specified non-parole periods and balance of term. Eligible for parole on 29 February 2018.
Legal Topics
['sentencing' 'assault With Intent to Rob' 'manslaughter' 'concurrent Sentences' 'totality' 'parole' 'discount for Early Guilty Plea' 'remorse' 'special Circumstances']
['criminal Law'] ['sentencing' 'assault With Intent to Rob' 'manslaughter' 'concurrent Sentences' 'totality' 'parole' 'discount for Early Guilty Plea' 'remorse' 'special Circumstances']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for assault with intent to rob in company with wounding' 'Appropriate sentence for manslaughter' 'Concurrency and partial accumulation of sentences' 'Discount for early offer to plead guilty' 'Consideration of totality' 'Finding of special circumstances']

Ratio Decidendi

Given the jury's verdict and the circumstances, the criminality inherent in the manslaughter cannot be meaningfully separated from the section 98 offence. Sentences ought to be concurrent, but partial accumulation applies due to special circumstances. Early offer to plead guilty to manslaughter entitles offender to a 25% discount. Both general and specific deterrence are relevant.

Court Disposition

Convicted of assault with intent to rob in company with wounding and manslaughter. Sentenced to terms of imprisonment with specified non-parole periods and balance of term. Eligible for parole on 29 February 2018.

Orders

  • ['Harley Page convicted of assault with intent to rob in company with wounding upon Angelo Kaloudis and manslaughter of Angelo Kaloudis.' 'For assault offence: non-parole period of 4 years from 29 February 2012, expiring 28 February 2016, balance of term 2 years, expiring 28 February 2018.' 'For manslaughter:...