Australia, July 30 -- New South Wales Land and Environment Court issued text of the following judgement on June 30:
1. On the evening of 9 December 2022, Mr Saliba ("the offender") stabbed Bailey Jones ("the deceased") in the upper chest at Bomaderry in the State of New South Wales. Mr Jones died shortly after. Mr Jones was 18 years old at the time. Mr Saliba was 20 years old. They were cousins.
2. On 18 December 2024, Mr Saliba was arraigned on an indictment containing a single count that he, on 9 December 2022, at Bomaderry in the State of New South Wales, did murder Bailey Jones. He entered a plea of not guilty to that charge. The matter was set down for trial on 11 March 2025.
4. The trial proceeded before me as a judge alone trial. The evidence concluded on 25 March 2025. The closing addresses proceeded on 26 March 2025. On 2 April 2025, I returned verdicts of not guilty of murder but guilty of manslaughter.
Mr Saliba must now be sentenced for manslaughter, an offence contrary to s 18(1)(b) of the Crimes Act 1900 (NSW), which carries a maximum penalty of 25 years' imprisonment. A standard non-parole period does not apply to this offence.
5. Mr Saliba offered to plead guilty to manslaughter in the Local Court. That offer was rejected. The Crown accepts that having offered to plead guilty to manslaughter on 20 November 2023 prior to committal for trial, the offender is entitled to a 25% discount by virtue of ss 25E(1) and 25E(3)(a) of the Crimes (Sentencing Procedure) Act 1999 (NSW) ("CSPA"). I will apply a 25% discount in sentencing Mr Saliba.
6. Eight victim impact statements were tendered. The victim impact statements of the deceased's biological parents, his step-parents and his older brother were read in court. The killing of Mr Jones has resulted in deep and ongoing grief not only for his immediate family members but his extended family and friends. He was a young man who had his whole life before him. He had discussed finishing his apprenticeship and his aspirations to buy property, marry and become a father.
7. He was "an amazing football player", a loving, kind and funny young man, and close to his family, particularly his mother.
8. A great deal of trauma, upset and anger has flowed from the offender's act, resulting in the death of Mr Jones. That trauma will have long lasting impact although the Court hopes that with the passage of time, those affected by the killing will find comfort in their personal and familial relationships.
9. I have had regard to the victim impact statements pursuant to s 30E(3) of the CSPA.
*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1979ff2112fca4fb24cdf24e)
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