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Public Defenders

This table is intended to be used as a guide only. Individual cases should be read if they are to be relied upon.

 

Manslaughter

Assault – Single Blow – Unexpected Result

 

CaseTypePleaRecordSentenceAppealFacts

ALH

NSWSC

Dunford J

26.5.1995

Unlawful and dangerous

Assault – general

Juvenile

PG

juvenile convictions

MT 3y 6m

AT 4y

Detention

 

Aboriginal juvenile bashed V in company, suspecting him of stealing. - hard punch to head caused death.

Intellectually disabled - contrite

Risteski

(22)

[1999] NSWSC 1248

Dunford J

Unlawful and dangerous

Fight

Assault - general

PG

minor record reflecting alcohol problem

MT 3y 6m

AT 2y

 

Killed English tourist with one punch to back of head during brawl between friends and English tourists after watching soccer match on TV - attempted to punch and kick deceased while on ground - intoxicated.

Good character - supportive friends and family - excellent prospects of rehabilitation.

Greenhalgh

[2001] NSWSC 272

Adams J

 

[2001] NSWCCA 437

Fight

Assault - general

PG

criminal record including rob and assault

8y

NPP 4y 6m

AA

6y 9m

NPP 4y 6m

Punched intoxicated V during prolonged drinking session. A was aggressor.  V died later from subdural haemorrhage 6 hours later. A did not realise he had inflicted lethal blow.

Alcoholic - no premeditation.

Young

(18)

[2001] NSWSC 942

Taylor AJ

 

(2002) 136 A Crim R 437

NSWCCA

Unlawful and dangerous

Assault - general

PG

criminal history - no significant violence

6y

NPP 4y

Crown AD

AA

5y 3m

NPP 3y 3m

Kicked and punched male V in attempt to rob on public street late at night.  Attack did not cause serious injury but V suffered from bad heart and high blood pressure.

Alcoholic - assistance – protection - partial failure of undertaking to give evidence but sentence excessive

Maclurcan

(48)

[2003] NSWSC 799

Buddin J

Unlawful and dangerous

Assault – general

Fight

PG

Minor

3y

NPP 17m

 

Struck male acquaintance once to head with fist during argument – V's head struck concrete – Offender in manic phase of bipolar disorder

Excellent character evidence – Good prospects of rehabilitation

O'Hare

(23)

[2003] NSWSC 652

Whealy J

Unlawful and dangerous

Assault - general

PG

 

Sched:

Mal damage

Minor

6y

NPP 3y 6m

 

Offender intoxicated and angry when encountered male stranger on street – Words exchanged but no provocation – V hit once to side of face and fell on pavement

Verbal and physical abuse from step father – Long history of alcohol addiction – Good character – Reasonable prospects of rehabilitation - Remorse

KT

(16)

[2007] NSWSC 83

Johnson J

 

(2008) 182 A Crim R 571

NSWCCA

Unlawful and dangerous

Assault – general

Fight

Juvenile

PG

Nil

6y

NPP 4y

AD

Out driving with friend throwing eggs at strangers on street – V became agitated at conduct and threw can at car – confrontation resulted in single fatal punch to head – V small Sudanese man with limited English

Borderline intellectual ability – remorse

LAL

(14)

 

PN

(14)

 

[2007] NSWSC 445

McClellan CJ at CL

Unlawful and dangerous

Assault – general

Juvenile

PG

 

Sched:
LMV

Steal mobile phone

Nil

 

 

Nil

6y

NPP 3y 6m

 

6y

NPP 3y 6m

 

Assaulted taxi driver using moderate force – V suffering heart disease and died from heart attack – opportunistic offence – under influence of alcohol and marijuana

Genuine remorse – Islander parentage – violent households – need for continued supervisions – evidence of progress in rehabilitation – immature and intellectual deficits – early exposure to alcohol abuse - PN suffering psychiatric problems

Bashford

(24)

[2007] NSWSC 1380

Rothman J

Unlawful and dangerous

Assault - general

PG

Breached conditional liberty for non-violent offences – priors for violence

5y 3m

NPP 3y 6m

 

Intoxicated male making out of character and offensive comments outside hotel – single punch to head causing death – response to offensive comment – spontaneous act

Voluntarily attended police station – subject to significant personal stress at time of offence – depression – good character – traumatic childhood – evidence of rehabilitation – aboriginal and islander

CK

(15)

 

 

TS

(15)

 

[2007] NSWSC 1424

Latham J

Unlawful and dangerous

Assault – general

Juvenile

PG

 

 

 

PG

Priors – breached bond

 

nil

6y

NPP 4y

 

 

6y

NPP 3y 6m

 

17y walking down main street of town late at night – headbutted by CK – punched to head by TS – unprovoked attack – died of subarachnoid haemorrhage

Drug and alcohol abuse – difficult childhoods

Smith

(22)

[2008] NSWSC 201

Hulme J

Unlawful and dangerous

Assault - general

PG

Minor

3y 9m

NPP 2y 6m

 

Waiting at taxi stand after Christmas function – punched passing stranger once – Victim struck head on concrete – no provocation – Intoxicated

Evidence of excellent rehabilitation – good prospects - remorse

Hopley

(35)

[2008] NSWCCA 105

Unlawful and dangerous

Fight

Assault - general

VG

Priors – less serious

5y

NPP 3y

AD

Punched male stranger twice in altercation outside nightclub – altercation between two groups began inside nightclub – spontaneous response to violence initiated by third person – acted in anger not self defence

Sole parent to 13y son - remorse

Carroll

(20)

(2008) 188 A Crim R 253

NSWCCA

 

[2009] HCA 13

 

(2010) 200 A Crim R 284

NSWCCA

Unlawful and dangerous

Fight

Assault - general

PG

Nil

3y

NPP 18m

PD

Crown AA

3y

NPP 18m

 

 

 

AA

Matter remitted to CCA

 

 

Crown AA

18m suspended sentence to date from 1.12.2009

Altercation outside hotel between V and offender's group of friends – V made idle threat to kill – Offender head butted V who fell back onto road – died ten days later – V heavily intoxicated

Excellent prior character – Depression resulting from offence – genuine understanding of consequences of act – excellent prospects of rehabilitation

Full-time imprisonment required but in light of combined periods of periodic and full-time imprisonment, A's personal circumstances and the strain of extended legal process over 2008 and 2009, the objective seriousness of the offence would be satisfied by recognising A's imprisonment in the past and imposing a further 18m suspended sentence – this reflects the unique set of circumstances surrounding A: at [67].

Irvine

(20)

[2008] NSWCCA 273

Unlawful and dangerous / excessive self defence

Assault - general

PG

nil

3y

NPP 2y

PD

Crown AD

Number of young people taking part in burnouts on street – V crashed vehicle and left scene – respondent and friend went after V to tell him to return to scene and await police – V intoxicated and abusive – respondent punched V in self-defence – V suffered haemorrhage - V had congenital abnormality in vertebral artery which may have required less trauma to have caused haemorrhage.

Strong subjective case – youth – rehabilitation.

Hutchison

(33)

[2010] NSWCCA 122

Unlawful and dangerous

Fight

Assault - general

PG

Assault offences

7y 6m

NPP 5y 6m

AD

Punched male V twice to head in hotel – first punch in self defence – both intoxicated – aggressive behaviour all night – history of aggression when intoxicated

Donaczy

(28)

[2010] NSWCCA 143

Unlawful and dangerous

Fight

Assault - general

PG

Prior record – not serious

6y

NPP 3y 6m

AD

Punched male acquaintance once to head outside hotel – evidence suggests tension between offender and V throughout the night

Difficult and abusive childhood – early drug abuse – part aboriginal – good prospects of rehabilitation

AJC

(17)

(2010) 207 A Crim R 307

NSWCCA

Unlawful and dangerous

Assault – general

Juvenile

PG

nil

2y 6m

NPP 18m

PD

AA

3y

NPP 1y 9m

PD

Single punch to 20y male at show – been advised by co-accused that V had tried earlier to fight physically vulnerable youth – followed V and delivered unexpected punch to head – no provocation or opportunity for self defence – innocent V – impulsive attack of immature youth - committed in presence of child under 18y – below mid-range

Genuine and deep remorse – very early guilty plea – voluntarily surrendered to police – assistance in relation to co-accused – publicly named by newspaper - Discount for assistance excessive

Castle

(54)

[2012] NSWSC 1603

RA Hulme JA

 

Unlawful and dangerous

Assault - general

PG

Armed rob, demand money, drugs, assault.

7y 6m

NPP 5y 8m

 

Single punch - 1998 offence – cold case - robbery of female V at Newtown – V at ATM, during struggle A punched V causing V to fall – A's image caught on CCTV at ATM but denied involvement – DNA much later found in 2008 under V's fingernail – A tricked into confessing to undercover police officer and DNA matched.

Drug abuse – depression - Lack of empathy towards V.

Loveridge

(19)

[2013] NSWSC 1638

Campbell J

 

[2014] NSWCCA 120

Unlawful and dangerous

 

Assault

PG

Mansl

4 x Assault

AOABH.  On condl liberty.

Total:

7y 2m

5y 2m

Crown AA

Total:

13y 8m

NPP 10y 2m

 

 

Punched V in face (king-hit) in Kings Cross  - V fell suffering massive skull fracture and brain injury – assaulted other Vs prior to and following this attack – had been out drinking with friends.

Youth – remorse – rehabilitation.

Difficult upbringing.

Wood

(30)

[2014] NSWCCA 184

Unlawful and dangerous

Assault - general

PG

AOABH, assault, obstruct officer, assault officer

6y 8m

NPP 5y

Crown AA

11y 4m

NPP 8y

Pushed elderly female V (aged 71) for being in his way while riding his bike – V fell to ground hitting head and died as a result – unprovoked, aggressive offence.

Aboriginal background – previous assault committed in similar circumstances. 

Field

(39)

[2014] NSWSC 1797

Fullerton J

 

[2015] NSWCCA 332

Assault – general

Unlawful and dangerous

Fight

VG

(murder trial)

nil

10y

NPP 7y 6m

AD

Single one punch - Punched male victim once to jaw in hotel car park during fight – unprovoked attack – escalating tensions between two groups in hotel during evening – fatal punch caused neck to rotate releasing arterial blood into cranial cavity

Offence out of character – retired rugby league player – community involvement

Lambaditis

(33)

[2015] NSWSC 746

Hall J

Unlawful and dangerous

Assault – general

Single blow

PG

(25%)

 

Sched:

AOABH

Mid-range PCA

9y

NPP 6y 9m

 

Intoxicated male walking street late at night – punched male stranger in response to perceived negative comment – punched to head by second male – punched second male to head causing death – cowardly and unprovoked response – offender wholly responsible

Remorse – reasonable prospects of rehabilitation

McNeil

(25)

[2015] NSWSC 1198

Johnson J

Unlawful and dangerous

Assault general

Single blow

VG

At murder trial – 25% discount for offer

 

AOABH

Assault

Record including violence

9y

 

Total:

10y

NPP 7y 6m

 

Intoxicated in Kings Cross New Year's Eve – after run in with three youths selling drugs hit and kicked one youth – mistakenly believed male stranger part of group and punched him once to head causing death – punched victim's brother

Genuine remorse – drug and alcohol history – some evidence of rehabilitation