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Supreme Court 19 December 2002

Regina v Leyman

[2002] NSWSC 1226

Homicide
CRIMINAL LAW: SENTENCE MANSLAUGHTER UNLAWFUL AND DANGEROUS ACT.

Citation: Regina v Leyman [2002] NSWSC 1226
Court: Supreme Court of New South Wales
Date: 19 December 2002
Judge(s): Hidden J

Background

The offender, Jerome William Leyman, was charged with the murder of a man at Woolloomooloo on 11 November 2000. The Crown accepted a plea of guilty to manslaughter in discharge of the murder indictment. The offence was committed jointly with a co-offender, Wesley Patric Waterman, who had been sentenced by the same judge the previous day.

The offender accompanied Waterman to confront the deceased, knowing Waterman was armed with a knife and contemplating the possibility it might be used to cause injury (though not grievous bodily harm). The offender admitted kicking the deceased but, like Waterman, was likely unaware at that point that the deceased had suffered a serious wound. Both men were intoxicated throughout the relevant period.

An additional offence of possessing an unlicensed .22 calibre rifle was taken into account on a Form 1. The Crown conceded this matter was of little significance, as the rifle was old, found at the offender's premises, and not in working order.

  • What sentence was appropriate for manslaughter committed as a secondary party in a joint attack?
  • How should the offender's comparatively lesser culpability relative to the co-offender be reflected in the sentence?
  • Whether special circumstances existed justifying an extended parole period relative to the non-parole period.
  • What weight should be given to mitigating factors including an early guilty plea, remorse, and rehabilitation prospects?

Decision

Hidden J accepted that the offender bore somewhat less culpability than Waterman, given that Waterman was the one armed with the knife. The Crown did not contest this submission, and the court reflected the difference in the sentence imposed. The additional firearm offence carried little sentencing weight in the circumstances.

The court found strong mitigating factors in the subjective case. These included an early guilty plea at the first reasonable opportunity (which entitled the offender to leniency, though not a quantified discount on the figures), genuine remorse, a supportive character profile from family and friends, and meaningful engagement with rehabilitation programmes in custody. The offender's prior criminal record was considered old and insignificant.

Hidden J found that the offender's period in custody had produced real insight into his personal difficulties. His participation in educational courses, drug and alcohol counselling, and anger management, combined with psychological evidence and the observations of family members, supported a finding of good rehabilitation prospects.

Special circumstances were found to exist, warranting a longer-than-standard parole period. The court reasoned that the offender's rehabilitation required an extended period of supervised release on parole to be properly fostered.

Orders Made

  • The offender was sentenced to imprisonment for five and a half years, commencing 11 November 2000.
  • A non-parole period of three years was set.
  • The offender became eligible for release on parole on 10 November 2003.

Key Takeaways

  • Where co-offenders are sentenced for the same manslaughter, a court may impose a lesser sentence on the participant whose culpability is lower, provided that difference is properly explained.
  • An early guilty plea at the first reasonable opportunity entitles an offender to leniency in sentencing, even where counsel agree no precise numerical discount should be separately identified.
  • Special circumstances justifying a departure from the standard non-parole to total sentence ratio can be established where the offender's rehabilitation prospects are strong and require an extended period of supervised parole to be realised.
  • Favourable character evidence from family and friends, consistent with documentary prison records and psychological reports, can carry meaningful weight in assessing remorse and rehabilitation.
  • Intoxication at the time of the offence, while it may bear on moral culpability, does not of itself reduce the seriousness of a manslaughter committed in the context of a joint confrontation involving a known weapon.

Legislation and Cases Referenced

Legislation:
- No specific legislation cited in the judgment text.

Cases:
- No cases formally cited; the judgment refers to the co-offender's sentencing proceedings (Regina v Waterman, heard 18 December 2002, Hidden J) as providing the factual background applicable to both matters.