Regina v David Eric Ballangarry [2001] NSWSC 642

Regina v David Eric Ballangarry [2001] NSWSC 642

The prisoner was sentenced to 17 years imprisonment with a non-parole period of 11 years, recognising the aggravating features of a sustained, brutal attack, his criminal history and limited mitigating effect of intoxication; a 15% discount was given for the early plea of guilty.

Jurisdiction
Australia
Judgment Date
27 July 2001
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
['murder' 'sentencing' 'plea of Guilty' 'intoxication as Mitigating and Aggravating Factor' 'aboriginal Offender' 'domestic Violence']
['criminal Law'] ['murder' 'sentencing' 'plea of Guilty' 'intoxication as Mitigating and Aggravating Factor' 'aboriginal Offender' 'domestic Violence']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Determination of appropriate sentence for murder' 'Impact of intoxication and social circumstances on sentencing' 'Nature and degree of intent at time of offence']

Ratio Decidendi

The prisoner was sentenced to 17 years imprisonment with a non-parole period of 11 years, recognising the aggravating features of a sustained, brutal attack, his criminal history and limited mitigating effect of intoxication; a 15% discount was given for the early plea of guilty.

Court Disposition

convicted and sentenced

Orders

  • ['Imprisonment for 17 years with a non-parole period of 11 years.' 'The sentence and non-parole period commence on 22 December 2000.' 'The non-parole period expires on 21 December 2011; eligibility for parole thereafter.']