R v Paterson; R v O’Brien [2020] NSWSC 221

R v Paterson; R v O’Brien [2020] NSWSC 221

Given the different degrees of culpability and roles under joint criminal enterprise, and applying relevant sentencing principles, substantially different sentences are imposed on Paterson and O'Brien to reflect objective and subjective distinctions, including seriousness of acts, previous criminal history, remorse, and circumstances of offending.

Parties
Prosecutor: Regina (Crown); Offender: Ryan Vincent Paterson; Offender: Benjamin Keith O'Brien
Jurisdiction
Australia
Judgment Date
12 March 2020
Procedural Posture
Criminal / Sentence
Outcome
Both offenders convicted of manslaughter and sentenced to imprisonment with differing non-parole periods and head sentences reflecting their respective roles.
Legal Topics
Sentencing, Manslaughter, Joint Criminal Enterprise, Parity Principle
Criminal Law Sentencing Manslaughter Joint Criminal Enterprise Parity Principle

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Parties

Regina (Crown)

Prosecutor

Ryan Vincent Paterson

Offender

Benjamin Keith O'Brien

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 What is the appropriate sentence for Ryan Vincent Paterson and Benjamin Keith O'Brien for manslaughter under joint criminal enterprise?
  2. 2 How should the parity principle be applied given the different roles and culpability of the offenders?
  3. 3 What subjective and objective factors affect the appropriate sentence for each offender?

Ratio Decidendi

Given the different degrees of culpability and roles under joint criminal enterprise, and applying relevant sentencing principles, substantially different sentences are imposed on Paterson and O'Brien to reflect objective and subjective distinctions, including seriousness of acts, previous criminal history, remorse, and circumstances of offending.

Court Disposition

Both offenders convicted of manslaughter and sentenced to imprisonment with differing non-parole periods and head sentences reflecting their respective roles.

Orders

  • Ryan Vincent Paterson: Sentenced to imprisonment for a non-parole period of 12 years and 5 months (7 August 2017 – 6 January 2030), with a remainder term of 4 years and 1 month ending 6 February 2034.
  • Benjamin Keith O'Brien: Sentenced to imprisonment for a non-parole period of 5 years and 6 months (24 December 2017 – 23 June 2023), with a remainder of term of 3 years ending 23 June 2026.