R v MD, BM, NA, JT [2005] NSWCCA 342

R v MD, BM, NA, JT [2005] NSWCCA 342

The sentences imposed for each respondent, while at the lower end, fell within the available range. No manifest inadequacy or error of principle in the sentences imposed was demonstrated. The Court dismissed the Crown appeal and varied BM's sentence to correct a technical error in the non-parole period commencement date.

Parties
Appellant: The Crown; Respondent: MD; Respondent: BM; Respondent: NA; Respondent: JT
Jurisdiction
Australia
Judgment Date
30 September 2005
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeals dismissed; sentence for BM (manslaughter count) varied (non-parole period commencement date corrected)
Legal Topics
Manslaughter, Sentencing, Children (criminal Proceedings), Crown Appeals, Special Circumstances, Non Parole Periods, Objective Gravity, Subjective Circumstances
Criminal Law Juvenile Justice Manslaughter Sentencing Children (criminal Proceedings) Crown Appeals Special Circumstances Non Parole Periods +2 more

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Parties

The Crown

Appellant

MD

Respondent

BM

Respondent

NA

Respondent

JT

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether sentences for manslaughter imposed below were manifestly inadequate
  2. 2 Whether undue weight was given to subjective factors such as youth and rehabilitation
  3. 3 Proper construction and application of s 19 Children (Criminal Proceedings) Act 1987 (NSW) to eligibility for sentence as juvenile offender

Ratio Decidendi

The sentences imposed for each respondent, while at the lower end, fell within the available range. No manifest inadequacy or error of principle in the sentences imposed was demonstrated. The Court dismissed the Crown appeal and varied BM's sentence to correct a technical error in the non-parole period commencement date.

Court Disposition

Appeals dismissed; sentence for BM (manslaughter count) varied (non-parole period commencement date corrected)

Orders

  • Appeal in each matter dismissed
  • BM sentenced to a full term of four years imprisonment to expire on 13 October 2008 with a non-parole period of 2 years to commence on 14 October 2004 and to expire on 13 October 2006 (manslaughter count)