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

 

Manslaughter - Stabbing - General 

​Case​Type​Plea​Record​Sentence​Appeal​Facts

Taouk

NSWSC

Abadee J

28.3.1991

 

NSWCCA

20.3.1992

Unlawful and dangerous

Stabbing – general

Fight

PGnil

MT 5y

AT 2y

AA

MT 3y

AT 3y 8m

Brawl in night club one week before - night of killing V approached A in hotel and commenced to harass and assault him – stabbed by knife carried for general use, not armed with knife for purpose of violence.

Falconetti

NSW SC

(Mathews J)

21.6.1991

 

NSWCCA

24.3.1992

Diminished responsibility

Stabbing - general

PG 

MT 5y 6m

AT 11y 6m

AD

Unprovoked attack on visitor to uncle's farm - irrational belief that visitor had been involved in aunt's death - after stabbing slashed wrists and stabbed himself in abdominal region.

Paranoid schizophrenic - long history of mental illness and associated behaviour - real concern about danger to community.

Azar

(1991) 56 A Crim R 414

Fight

Stabbing - general

VGNil

MT 4y 6m

AT 18m

[6m PSC]

ADStabbing during brawl - V punched A who obtained knife from nearby house and stabbed him.

Hietikko

NSWCCA

18.6.1992

Diminished Responsibility

Stabbing - general

PG 

16 y

NPP 12y

Sentence translated

MT 7y 7m 2d

AT 2y 6m 2d

Struck foreman with hammer and stabbed him with knife brought from home.

Chronic paranoid schizophrenia and chronic alcohol abuse

Fletcher

NSWSC

Newman J

20.8.1993

Unlawful and dangerous

Fight

Stabbing - general

VGserious record - offence committed on parole

MT 4y

AT 5y

 

During fight with stranger stabbed him twice in chest.

Much evidence of rehabilitation.

Phu

NSW CCA

1.10.1993

Fight

Stabbing - general

VG 

MT 3y 5m

AT 2y

Conviction ADCame to Vietnamese gathering to assist friend involved in earlier altercation - stabbed V five times during altercation - little clear evidence about actual stabbing.

Sofokleous

NSW CCA

13.12.1993

Fight

Stabbing - general

VG 

MT 3y

AT 1y

ADV trying to drag woman along street - two men intervened and woman escaped - V approached A accusing him of interfering - fight broke out and stabbing occurred - both men had been drinking.

MacDonald

NSWCCA

12.12.1995

Unlawful and dangerous

Stabbing – general

Fight

PGon probation for unlawful wounding

5y GBB

[PSC 17m]

Crown AA

MT 3y

AT 2y

Stabbed school teacher with fishing knife after altercation with students - students had stolen property - offence spontaneous

Cassel

(26)

NSWSC

Bruce J

14.3.1997

Diminished Responsibility

Fight

Stabbing - general

PGnilMT 5y
AT 3y
 

Stabbed stranger in stomach after fight over boat - tried suicide twice.

Manic depressive

Newman

(20)

NSWSC

Barr J

3.9.1997

Accessory

Stabbing - general

PG

Mansl

AOABH

priors - on bail

MT 6y

AT 2y 10m

(concurrent sentence)

 

Unprovoked attack with co-offender on group of strangers leaving hotel - armed with metal bar - co-offender stabbed V who was attempting to protect friend from attack by offender.

Joint criminal enterprise to intimidate and inflict less than serious harm.

Cheung

(19)

NSW CCA

12.3.1998

Provocation

Fight

Stabbing - general

VGnil

MT 6y

AT 2y

ADFracas in street involving number of people following earlier argument in restaurant - two men stabbed, one fatally in chest seven times - V had attacked offender with club-lock during fight - took knife anticipating violence.

Pham

(22)

NSWSC

Hidden J

15.5.1998

Unlawful and dangerous

Stabbing - general

PGminor - not significant

MT 5y

AT 3y

 Robbed two pedestrians with co-accused - later attempted to rob V who pulled a knife - struggle ensued and V stabbed in chest - Low range of culpability - A had been stabbed before.

PN

(17)

NSWSC

Barr J

30.10.1998

Unlawful and dangerous

Stabbing – general

Fight

Juvenile

PGassaults committed in gaol awaiting sentence; on bond at time of offence

MT 8y

AT 4y

 

Pacific Islander - brother involved in earlier fight with aborigines - armed with knife went back with others to continue fight - stabbed one victim in back and fatally stabbed V - under influence of alcohol and cannabis.

Tragic background – mother suicided when A only 2, then watched sister suicide when 7 – low average intellectual disability.

MHN (No.2)

(17 – 20 at sentence)

NSWSC 553

Kirby J

20.11.1998

Unlawful and dangerous

Stabbing – general

Fight

Juvenile

PG 

FT 4y

 

(representing NPP – concurrent to murder sentence)

 

Unarmed Vietnamese youth followed from skating rink and attacked by group wielding weapons – picked up knife dropped by assailants and fatally stabbed one male attacker and wounded second male – not the aggressor – element of provocation and diminished responsibility

Volunteered previously unknown guilt to police – unhappy childhood – suffering depression – sentenced at similar time for murder (MHN NSWSC 29.10.1998)

Lewis

[1999] NSWSC 131

Sully J

Unlawful and dangerous

Stabbing – general

Accessory

PGmal wound with w/i GBH; on bail and parole

MT 6y

AT 3y

 

Member of Rebel Motorcycle Club - helped bouncer remove V who was being nuisance at hotel - punched and kicked V - left scene but other club members continued assault - V stabbed to death

Seriously assaulted in gaol because wife giving evidence - good prospects of rehabilitation - backdated 4y for time already served

Green

(22)

[1999] NSWCCA 97

Provocation

Stabbing - general

VGdrug offences and assault

MT 8y

AT 2y 6m

ADStabbed 36y friend when friend made homosexual advances on him - traumatised by father sexually assaulting sisters - stabbed V with poultry shears multiple times.

TM

(17)

[1999] NSWSC 504

Hidden J

Unlawful and dangerous

Fight

Juvenile

Stabbing - general

PGnot relevant

MT 3y

AT 2y

JJ detention

 

Chased V with friends after confrontation in pub - friends kicked and punched V to ground - offender stabbed V in leg causing death.

Good prospects of rehabilitation, supportive family.

Horton

(53)

[1999] NSWSC 983

Studdert J

Unlawful and dangerous

Stabbing - general

PGminor

MT 5y

AT 3y

 

Female - stabbed friend in heart after heavy drinking

Alcoholic with dependent personality disorder.

Nikau

[1999] NSWCCA 322

Unlawful and dangerous

Fight

Stabbing - general

PG 

MT 8y

AT 4y

AD

Stabbed V during street fight between Pacific Islanders and Aborigines - affected by drugs and alcohol

Youthful offender.

SMP

(17)

[1999] NSWCCA 318

Unlawful and dangerous

Juvenile

Stabbing - general

PGnil

MT 4y

AT 3y

AA

MT 2y9m

AT 2y 9m

Detention

Stabbed V after he attacked A with knife by surprise – V suffered mental problems and drug addiction - no suggestion A carrying knife with intent to injure - no premeditation or ill will.

Wright

(31)

[1999] NSWSC 1087

Bell J

Unlawful and dangerous

Fight

Stabbing - general

PG 

MT 4y

AT 3y

 

Stabbed V four times in fight outside hotel – V intoxicated and initiated fight - A suffering exaggerated sense of danger, and carrying knife, following assault on him several weeks earlier - spontaneous offence.

Good prospects of rehabilitation.

Chami

(20)

[1999] NSWSC 1268

Studdert J

Unlawful and dangerous

Fight

Stabbing - general

PGon bail for firearm offences

MT 5y 6m

AT 3y

 

Stabbed stranger in brawl outside nightclub.

Contrition, drug user, prospects of rehabilitation.

Naudin

(39)

[2000] NSWSC 18

Dowd J

Unlawful and dangerous

Fight

Stabbing - general

PGminor

MT 3y

AT 3y

 

Arguing with friend who threatened A with knife - turned knife back on V, stabbing him in abdomen - immediate remorse - both intoxicated.

Suffering acute psychotic illness in gaol.

Esposito

(29)

[2000] NSWSC 284

Dunford J

Unlawful and dangerous

Stabbing - general

PGdrug related record: on recog at time of offence

MT 8y

AT 4y

 

Female stabbed man she just met a bar. Affected by drugs and possibly motivated by robbery.

No recollection of events. Has had some employment, D&A treatment and counselling in custody.

Veen

28 (45)

[2000] NSWSC 656

Sully J

Diminished responsibility

Stabbing - general

VGnon fatal stabbing in 1971 and stabbing manslaughter in 1975 (DR).

Life

 

Re-determination

MT 20y

Life

 

Redetermination of life sentence - 1983:  stabbed homosexual male victim in flat - agreed initially to have sex but became angry and stabbed victim in rage

Aboriginal, fostered at young age and subjected to sexual abuse in early teens - brain damage and alcohol abuse - offence committed 9 months after release on licence for earlier manslaughter.  Issue of dangerousness.

Dimond

(22)

(2000) 118 A Crim R 188

NSWSC

B-Parker AJ

Provocation

Stabbing - general

PGrecord for some violence

6y

NPP 4y 6m

 

Stabbed male victim once in chest with steak knife.  Offender provoked by behaviour of V taunting offender and taking cap and t-shirt, armed self with knife and stabbed with intention to cause really serious harm.

Displayed aggressive personality disorder from early childhood.  Real risk of re-offending unless aggression dealt with.

Cardoso

(22)

[2001] NSWSC 775

Hulme J

 

(2003) 137 A Crim R 535

NSWCCA

Provocation

Stabbing – general

Fight

VG (murder trial)

(12.5% for offer on appeal)

nil

8y

NPP 5y

AA

7y

NPP 4y

Stabbed male stranger in head during fight between V and 6 men in shopping centre.  Offender left fight and obtained table knife before returning and stabbing.  High degree of force required.  Moderate degree of provocation.  Offender more sensitive because of refugee background.

Refugee from East Timor - Difficult background - Remorse - Limited English - Isolated.

See

(30)

[2001] NSWSC 776

Hulme J

Provocation

Stabbing - general

VG

(murder trial)

 

PG

s33B

nil

7y

NPP 4y 6m

(concurrent sentence)

 

Stabbed fellow employee to death with carving knife and meat cleaver - 30 wounds - provoked by puerile teasing - chased another employee with meat cleaver

History of being teased and picked on - Malaysian - working illegally - isolation in custody - little English

Santos

(47)

[2001] NSWSC 923

Levine J

Substantial impairment

Stabbing - general

PG

(25%)

nil

7y

NPP 5y 3m

 

Stabbed male 21 times in car park - believed V having relationship with estranged wife - Frenzied attack - carried knife for work purposes

Depression and brain damage

Dang

(21)

[2001] NSWCCA 321

Joint criminal enterprise

Stabbing - general

VG

(murder trial)

 

PG

Rob in company

Use weapon to avoid appreh

nil

Mansl:

7y 6m

Total:

10y

NPP 6y 6m

AD

Involved in robbery with co-offender. During escape separated from co-offender. Injured male pursuer with knife. Co-offender stabbed another male to death

Remorse. Good background with supportive family. Need for counselling for lack of insight and drug use

CVH

(15)

[2002] NSWSC 1160

O'Keefe J

 

[2003] NSWCCA 237

 

[2004] NSWSC 205

O'Keefe J

Joint enterprise

Juvenile

Stabbing - general

VG

Mansl

Assault

Affray

not relevant

10y

NPP 6y

(other sentences concurrent)

 

Re-sentence:

8y 6m

NPP 5y

AA

remitted for re-sentence:

Gang attack on 2 V outside amusement centre. Mistakenly believed V belonged to gang responsible for assault on friend. One V stabbed in shoulder. Second V stabbed in heart by co-offender. Willing party to serious attack.

Difficult childhood resulting in early drug addiction - genuine remorse

Waterman

(30)

[2002] NSWSC 1236

Hidden J

 

Leyman

(30)

[2002] NSWSC 1226

Hidden J

Unlawful and dangerous

Stabbing – general

Accessory

Fight

VG

(murder trial – offered to plead)

 

 

PG

lengthy record but mostly juvenile

 

 

 

old and brief record

6y

NPP 3y 6m

 

 

 

 

5y 6m

NPP 3y

 

PW became involved in argument with homeless men outside house - Returned to argument with co-offender and knife - V stabbed when impaled self on knife - No intent to kill - History of tension between residents and homeless men

PW - Intoxicated - Improvement in lifestyle means offence out of character - Good prospects of rehabilitation although needing assistance with alcohol abuse - Offered to plead to manslaughter - Remorse

L (charged accessory) accompanied co-offender knowing he was armed with knife contemplating it might be used to cause injury - alcohol abuse - good character evidence - remorse

Johnson

(22)

[2003] NSWCCA 129

Provocation

Stabbing - general

VG

(murder trial – 10% on appeal))

Breached parole for assault w/i to rob w/ wounding (stabbing)

10y

NPP 7y 6m

AA
9y

NPP 6y 9m

Sexually abused by V when 13y – Went to V's house seeking cannabis – Fight over sexual advances resulted in stabbing in chest

Protective custody – Behavioural problems exacerbated by abuse – Offer to plead to manslaughter not taken into account

Battur

(22)

[2003] NSWSC 1164

Greg James J

Unlawful and dangerous

Stabbing – general

Fight

PG

(25%)

Nil

6y 3m

NPP 2y 9m

(PSC 3m)

 

Mongolian offender and victim – Argument over failure of offender to show proper respect – Threats and physical assault by V – Armed self with knife for self defence – Met again later in evening and threats / assaults continued – Stabbed V in chest

Co-operation and contrition  - Element of provocation and self defence – Onerous custodial conditions – Strong prospects of rehabilitation – Facing reprisals in Mongolia

Vongsouvanh

(28)

 

Namalauulu

(24)

 

[2003] NSWSC 1203

Whealy J

 

[2004] NSWCCA 158

Unlawful and dangerous

Stabbing – general

Accessory

PG

(15%)

Drug related offences

 

Lesser record

6y 9m

NPP 4y

 

6y 9m

NPP 4y

Crown AD

 

 

Crown AD

2 females became involved with another in struggle with V, a fellow male drug user – not aware co-offender had knife prior to struggle – Continued involvement after production of knife – V stabbed 4 times in stomach – Prevented V defending self or escaping then ran away and left him

KV – Born in Laos – Mother of young child – Some evidence of rehabilitation from drug addiction

FN – Born in Samoa – Mother of young child – Some evidence of rehabilitation from drug addiction

Boyd

(37)

[2004] NSWSC 263

Buddin J

Excessive self defence

Fight

Stabbing - general

PG

(at or near top if range)

Includes violence but only one period of imprisonment

7y 6m

NPP 4y 6m

 

Multiple stab wounds to neighbour in hotel with carving knife – Violent argument – Both intoxicated

Violent and deprived childhood – Hearing deficit and low intelligence – Reduced ability to deal with stress

Forbes

(29)

[2004] NSWSC 421

Hulme J

 

(2005) 160 A Crim R 1

NSWCCA

Unlawful and dangerous

Fight

Stabbing – general

Accessory

Excessive self defence 

Shooting – general

PG

Mans

 

VG

Mansl – (murder trial)

 

(12% for plea and offer)

Lengthy record – breached parole

Mansl 1:

12y

NPP 9y

 

Mansl 2:

12y

NPP 8y

 

Total:

19y

NPP 15y

AA

Mansl 1:

9y

NPP 6y 9m

 

Mansl 2:

12y

NPP 8y

 

Total:

16y 9m

NPP 12y 9m

Involved in fight outside hotel – Male stabbed by friend – Aware friends intoxicated and had knife – Aware risk knife would be used

3 months later took loaded gun to confront male acquaintance over disputed issues – Aware V violent – Shot V in caravan in subsequent struggle – Second shot fired while V on or near floor – Intent to kill

Low prospects of rehabilitation

V D N

(17)

[2004] NSWSC 426

Whealy J

Unlawful and dangerous

Juvenile

Stabbing – general

Accessory

PG

(15%)

Mans

Att AR

Drug offences

Mansl

6y 9m

NPP 3y

 

Involved in attempted robbery on Asian couple leaving store with daily takings – Assaulted and detained female with knife – Male assaulted by two co-offenders and fatally stabbed in chest – 2 shots fired into rear tyre by co-offender – Aware knife would be presented during robbery

Evidence of rehabilitation from drug abuse – Genuine remorse

Price

(29)

[2004] NSWSC 868

Barr J

Excessive self defence / unlawful and dangerous act

Stabbing - general

PGSignificant, inc 4 offences with a knife

8y

NPP 5y

 

Stabbed drug dealer – plea accepted but not wholly clear whether excessive self-defence or unlawful and dangerous act – habitually carried a knife

Aboriginal – previous alcohol problems – on methadone program but continues to use heroin from time to time – prospects of rehabilitation.

Hayes

(26)

[2004] NSWSC 1195

Campbell AJ

 

Co-Accused:

Vongsouvanh (2003)

Namalauulu (2003)

Unlawful and dangerous

Stabbing – general

Accessory

PGMinor record – similar to Namalauulu

6y 9m

NPP 4y

 

Female – Involved with two other females in struggle with fellow male drug user – Crown unable to establish who did stabbing - V stabbed 4 times in stomach

Difficulty as aboriginal child adopted by non-indigenous family – Drug addiction – Protective custody – Good prospects of rehabilitation

JD

[2005] NSWSC 128

Levine J

 

(2006) 160 A Crim R 392

NSWCCA

Unlawful and dangerous

Juvenile

Stabbing - general

VG

(murder trial – 25% for offer)

AR

Nil

5y 3m

NPP 3y

(concurrent sentence for robbery)

Crown AD

With brother planned armed robbery of family attempting to sell diamond engagement ring – during struggle adult son fatally stabbed and father stabbed in chest by co-offender

Excellent prospects of rehabilitation – low intelligence – poor health – offered to PG to manslaughter

Cakovski

(19)

[2005] NSWSC 1001

Studdert J

Excessive self defence

Stabbing - general

PG

(15%)

Minor but breach of bail

7y 8m

NPP 5y 8m

Earlier conviction for murder overturned on appeal, [2004] NSWCCA 280

Stabbed elderly drunk during attempt to rob – V had killed 3 people over 25 years earlier and had threatened to kill someone the night he was killed

Behaviour in custody improved since converting to Islam – supportive relationship and family – emotionally immature – possibly ADHD – no genuine remorse – special circumstances

Bullock

(25)

[2005] NSWSC 1071

Buddin J

Provocation

Fight

Stabbing - general

VG

(murder trial – discount for offer)

Minor

8y

NPP 5y

 

Fight in hotel – Unprovoked assault by V – Offender collected knives from father's house nearby and returned – Assault resumed by V and offender stabbed V in abdomen – Significant provocation – Intent to cause GBH

Immediate remorse – discount for offer to plead guilty to manslaughter

Hamshere

[2005] NSWSC 1319

Hall J

Unlawful and dangerous

Fight

Stabbing - general

PG

(25%)

Minor assault

5y

NPP 3y

 

Friendly wrestle between male friends became more heated – Offender picked up knife from kitchen and stabbed V in neck – Intoxicated

Great remorse

Berrier

(22)

[2006] NSWSC 1421

Hidden J

 

[2009] NSWCCA 40

Provocation

Fight

Stabbing - general

VG

(murder trial)

Minor

9y

NPP 6y

AD

History of animosity and threatening behaviour by V – stabbed during fight – single stab wound – significant level of provocation – intent to inflict GBH

Remorse – low intellectual ability

Hamilton

(34)

[2007] NSWSC 452

Adams J

Excessive self defence

Fight

Stabbing - general

PG

(25%)

Priors – no violence

5y 6m

NPP 2y 6m

 

Struggled with male friend at house – V acting in irrational, violent and threatening manner with knife – genuine fear – three blows excessive – took body and dumped in creek at golf course at bequest of occupier of house afraid of going to gaol –offence in low range

Borderline intellectual functioning – remorse

Siose

(18)

[2007] NSWSC 1202

Hidden J

 

Co-offender:

SSA (murder)

Joint criminal enterprise

Fight

Stabbing - general

PG

(15%)

Brief

6y 9m

NPP 3y 9m

 

Young stranger stabbed by co-offender during fight in amusement arcade – in company – carrying knives for protection – single stab to chest – spontaneous offence

Philippino – evidence of rehabilitation and remorse

Lu

(32)

[2007] NSWSC 1259

Price J

 

(2008) 190 A Crim R 109

NSWCCA

Unlawful and dangerous

Stabbing – general

Accessory

PG

(15%)

Lengthy – breached bond

9y 4m

NPP 6y 2m

AD

One month before offence had violent confrontation with V – on day of offence saw V walking down street - collected co-offender – chased V with iron bar – struck mother of V then punched V in face – co-offender fatally stabbed V – unaware co-offender armed with knife - intended only to assault – co-offender acquitted at murder trial

Vietnamese with traumatic background

Harris

(53)

[2007] NSWSC 1417

Bell J

Unlawful and dangerous

Alcohol / fight

Stabbing - general

PG

(12%)

Minor – drink driving offences

7y

NPP 4y

 

Stabbed female friend during argument – lashed out with knife striking V in chest – both intoxicated

History of alcohol abuse – remorse – good prospects of rehabilitation

A.S.Jones

(43)

 

 

 

 

 

 

 

 

 

A.Jones

(21)

 

 

 

 

 

 

 

 

S.M.Jones

(32)

 

 

 

 

 

 

 

S.Jones

(64)

 

 

 

 

 

 

E.Jones

(female)

63)

 

[2007] NSWSC 1333

Buddin J

Excessive self defence / Provocation

Fight

Stabbing – general

Accessory

VG

(at murder trial - 15% for offer)

Mansl

Mal wound

 

Sched:

4 off

 

 

VG

(at murder trial – 15% for offer)

 

Mansl

Mal wound

Assault

 

 

PG

(15%)

Mansl

Mal wound

 

 

 

 

 

VG

Mansl

Mal wound

 

 

 

 

 

VG

Mansl

Mal wound

Nil

 

 

 

 

 

 

 

 

 

 

Minor

 

 

 

 

 

 

 

 

 

Minor

 

 

 

 

 

 

 

 

Minor

 

 

 

 

 

 

 

nil

Mansl

8y 3m

NPP 5y 3m

 

Total

9y

NPP 6y

 

 

 

 

Mansl

8y 3m

NPP 5y 3m

 

Total

9y

NPP 6y

 

 

 

Mansl

8y 3m

NPP 5y 3m

 

Total

9y

NPP 6y

 

 

Mansl

7y 9m

NPP 4y 9m

 

Total

8y 6m

NPP 5y 6m

 

Mansl

7y

NPP 4y 6m

Total

7y 6m

NPP 5y

 

 

 

 

 

 

 

 

 

 

AD

[2009] NSWCCA 169

All offenders part of Romany gypsy family – V members of another Romany gypsy family related by marriage to offenders – during evening AS Jones and A Jones involved in aggressive altercation with members of V family – both families armed selves and prepared for confrontation – SM Jones, S Jones and E Jones travelled to caravan park for purpose of confrontation – fight broke out in which male V fatally stabbed and second male V badly injured – A Jones assaulted 16y female – not clear which offender responsible for fatal stabbing – element of self defence and provocation – culpability of E.Jones slightly less – Offenders convicted of alternative offences at trial for murder and attempt murder

AS Jones – father to A Jones and son of S Jones - credit given for offer to plead to manslaughter - exemplary conduct in custody – possibility of deportation – prospects of rehabilitation

A Jones – son of AS Jones - remorse – prospects of rehabilitation – credit given for offer to plead to manslaughter

SM Jones – evaded police and voluntarily surrendered during trial of other offenders

S Jones – father to AS Jones and S Jones and grandfather of A Jones

E Jones – wife of S Jones, mother to AS Jones – health problems – isolation from family (most in custody)

Forrest

(48)

[2008] NSWSC 301

Studdert AJ

 

[2009] NSWCCA 11

Provocation

Stabbing - general

PG

(25%)

No serious violence

7y 6m

NPP 5y 9m

AD

Stabbed male acquaintance with kitchen knife – V threatening to stab female – entered house to retrieve knife – significant degree of provocation

Genuine remorse – effected by incident many years prior where innocently involved in stabbing

Salah

(33)

[2008] NSWSC 311

Johnson J

 

[2009] NSWCCA 2

Excessive self defence

Fight

Stabbing - general

PG

(10%)

Minor

8y 9m

NPP 5y 9m

Appeal allowed only to comply with s44 Crimes (Sentencing Proc) Act; otherwise Appeal dismissed.

 

New sentence:

8y 9m

NPP 5y 9m

Earlier in day had violent argument with V – Several hours later returned to area and warned V armed with knife – in subsequent confrontation V broke hand of brother and threatened with knife – grabbed knife from V and stabbed six times – more serious category

Israeli national – good character

Ibrahim

(27)

[2008] NSWSC 268

Price J

 

[2009] NSWCCA 15

 

Co-offenders:

KR

PR

Unlawful and dangerous

Stabbing – general

Accessory

PG

(15%)

Priors – breached bail

9y 4m

NPP 6y 6m

AD

Victim and brother lured to car park to discuss dispute – four men assaulted V – V stabbed in leg by co-offender causing death – aware of presence of knife – agreement to assault causing less than GBH – premeditated offence – joint criminal enterprise

Difficult childhood

Williamson

(19)

[2008] NSWSC 686

James J

Excessive self defence

Fight

Stabbing - general

PG

(15%)

Nil

5y

NPP 2y 6m

 

Stabbed 15y male once in abdomen with broken glass drug smoking pipe during fight at party in bushland – fight provoked by V jealous of relationship with ex-girlfriend – assaulted V and others – sustained head injury – spontaneous offence – intent to cause GBH – intoxicated

Disrupted childhood – substance abuse – good prospects of rehabilitation

Sin

(20)

[2008] NSWSC 621

McClellan CJ at CL

Unlawful and dangerous

Fight

Stabbing - general

PG

(12.5%)

Driving offences and involvement in brawl

10y 6m

NPP 7y

 

Fight outside shopping centre between Lebanese and Asian groups – Appellant stabbed male in side with cheese knife – no intent to inflict deep wounds

Genuine remorse – Cambodian – Prospects of rehabilitation

Stephens

(34)

[2008] NSWSC 1429

Latham J

 

[2009] NSWCCA 240

Excessive self defence

Stabbing - general

PG

(15%)

 

10y

NPP 7y

ADSingle stab wound to chest of male acquaintance with serrated knife after V threatened to 'smash' assailant – V had been indicating intention to fight – grossly disproportionate response to threat

KR

(25)

 

 

 

PR

(21)

 

[2008] NSWSC 970

Price J

 

Co-offender

IBRAHIM

Unlawful and dangerous

Stabbing – general

Accessory

PG

(50% plea and assist)

 

 

PG

(50% plea and assist)

Sched: assault

AOABH and intimidate police – not agg factor

 

Intimidate police – not significant

5y 2m

NPP 3y 7m

 

 

 

5y 2m

NPP 3y 7m

 

Victim and brother lured to car park to discuss dispute – four men assaulted V – V stabbed in leg by co-offender causing death – aware of presence of knife – agreement to assault causing less than GBH – pre-planned offence – PK punched victim's brother

Difficult childhood – remorse – good prospects of rehabilitation – unlikely to reoffend – valuable assistance in unrelated matter – protective custody and witness protection

Lynn

(29)

[2008] NSWSC 1122

Hidden J

Excessive self defence

Stabbing - general

PG

(12.5%)

Lengthy – includes carrying weapon in public place

7y

NPP 4y 6m

 

Confrontation on with V – reached over and stabbed him once at base of neck – spontaneous offence – reacted to comment made by V – fought with V 3-4 weeks earlier

Difficult childhood – lacks insight into offence

C R

(16)

[2008] NSWSC 1208

Kirby J

Excessive self defence

Juvenile

Stabbing - general

VG

(murder trial)

AOABH

7y

NPP 3y 6m

 

Met male stranger outside toilet block while waiting for friend – intoxicated but not drunk – after sharing drink and talking subjected to bear hug by V – misunderstanding as to actions and motives – panicked and stabbed V twice – carried knife for protection – impulsive offence – no intent to kill – V suffering Aspergers – offender not homophobic

No history of violence – remorse – very good prospects of rehabilitation – early abuse of alcohol

Hatch

[2008] NSWSC 1411

Adams J

Unlawful and dangerous

Fight

Stabbing - general

VG

(murder trial)

Priors – breached bond

5y 6m

NPP 2y 6m

(cumulative to 6m for breach of bond)

 

Stabbed male acquaintance during struggle – During earlier fight V punched and kicked offender to unconsciousness – Several hours later V entered house containing offender and two friends armed with knife and iron pipe – Co-offender stabbed and seriously wounded by V – During subsequent struggle offender used knife to fatally stab V - elements of defence provocation and aggression – all parties intoxicated – co-offenders sentenced for AOABH in company – Lower end of seriousness

Difficult childhood – drug and alcohol abuse – remorse – prospects of rehabilitation

Abbas

(33)

[2009] NSWSC 127

Mathews AJ

Excessive self defence

Fight

Stabbing - general

PG

(20%)

Minor record – no gaol

6y 9m

NPP 3y 9m

 

Intoxicated male V threatened offender and friend at table in fast food outlet – strangers – attempted to have friend leave – retrieved knife from car to scare V – stabbed V four times when V holding friend by shirt neck - lower end of spectrum

Voluntarily attended police station – extreme remorse – severely physically assaulted by mother leaving heightened response to threats – attempted suicide twice as teen – good work record – married with two children – strong prospects of rehabilitation

Jackson

[2009] NSWSC 168

Howie J

Unlawful and dangerous

Stabbing – general

Accessory

PG

(15%)

Lengthy record – breached parole

8y

NPP 5y 6m

 

Involved in armed robbery of restaurant with co-offender – co-offender entered restaurant armed with club lock from stolen car and stabbed employee during struggle – offender waited outside in car then entered to take cash register – foresaw use of weapon to inflict injury only - co offender sentenced for murder – Webb [2008] NSWSC 1351

Aboriginal with deprived upbringing – drug addiction – protection – genuine remorse

TT

(20)

 

RT

(17)

 

ET

(25)

 

[2009] NSWSC 437

Lathan J

Excessive self defence

Juvenile

Stabbing – general

Fight

Accessory

PG

(15%)

Breached bond for minor offence

 

Nil

 

Nil

6y 3m

NPP 3y 3m

 

6y 6m

NPP 3y 6m

 

6y

NPP 3y

 

TT and RT became involved in fight on street with group of men including V – woke brother and returned to scene armed with sword and knife – Victim stabbed by RT – TT and ET charged on basis of participation in affray in knowledge that serious physical injury could result – moderately below mid-range

TT and ET suffered skull fractures from affray – good prospects of rehabilitation – no problem with alcohol and drugs - remorse

Whitmore

(35)

[2009] NSWSC 520

Adams J

Common purpose

Fight

Stabbing - general

PG

(10%)

Assaults

6y 6m

NPP 4y

 

Male stabbed in back during argument with neighbours over dogs – unclear who inflicted fatal stab wound – Offender and sister emerged from house in response to comment made by V – Offender armed with knife but inflicted only minor wounds during argument – sentenced on basis did not advert to possibility lethal blow could be inflicted by someone with intent to kill or inflict gbh – lower range of culpability - sister sentenced for murder

History of alcohol and drug abuse – suffering depression – good prospects of rehabilitation

Mills

(40)

[2009] NSWSC 521

Howie J

Unlawful and dangerous

Fight

Stabbing - general

PG

(20%)

Old assault offences – more recent minor offences

7y 3m

NPP 4y 6m

 

Stabbed 44y male acquaintance during argument in kitchen of mutual friend – one stab to chest – intoxicated and under influence of drugs

Genuine remorse

White

(21)

[2009] NSWSC 809

Hidden J

Substantial impairment

Fight

Stabbing - general

PG

(15%)

nil

10y

NPP 6y

 

Stabbed male acquaintance in block of residential units during struggle – high level of violence

Schizophrenia – paranoid delusions

Long history of schizophrenia – cannabis and alcohol use

HT

(16)

[2010] NSWSC 324

Hidden J

Excessive self defence

Juvenile

Fight

Stabbing - general

PG

(15%)

Manslaugh

Carry knife in public place

nil

6y

NPP 3y

 

Fatally stabbed 17y youth on train – group containing V pursued second group containing offender on train – V stabbed several times to chest when he approached offender throwing punches – carried knife for personal protection

Deep remorse – fearful as a result of being a victim of violence in the past – violence out of character

Good

(22)

[2010] NSWSC 402

Buddin J

Excessive self defence

Fight

Stabbing - general

VG

(murder trial – 25% for offer)

Assaults – breached bond

7y 9m

NPP 4y 9m

 

Stabbed male acquaintance – 6 stab wounds – during confrontation outside party responded to assault by V – showed some reluctance to fight - history of antagonism between offender and V over offender's relationship with V's sister – spontaneous offence

Offer to plead guilty to manslaughter rejected

Lynch

(24)

[2010] NSWSC 952

Studdert AJ

Provocation

Fight

Stabbing - general

PG

(15%)

minor

7y

NPP 5y

 

Stabbed V lightly to back of neck then fatally to stomach during confrontation between group of people outside house at night – all drinking – used work knife – intent to cause GBH – provocation of pushing offender's fiancé significant and shortly before stabbing

Genuine remorse – good character

Horton

(27)

[2010] NSWSC 1007

Davies J

Excessive self defence / unlawful and dangerous

Stabbing - general

PG

(15%)

Record including violence – breached bond for assault offence

4y 3m

NPP 2y

 

Stabbed V with V's knife during drug deal – V had first stabbed offender three times leaving knife in shoulder – stabbed once only - element of provocation – unlawful and dangerous act – bottom of range – disposed of V's car keys

Drug and alcohol addiction – depression – genuine remorse

Pirini

(21)

[2011] NSWSC 1395

RA Hulme J

 

 

Co-offenders:
LA ROSA

AOULI

COSTA

MENZIES

HAWI

Joint Criminal Enterprise

Stabbing / Assault – general

Fight

Unlawful and dangerous

PG

(20%)

Affray

Manslaughter

Driving offences

Affray

FT 2y 2m

 

Manslaughter

6y

NPP 3y

 

Total:

6y 6m

NPP 3y 6m

 

Member of Comanchero motor cycle club – involved in affray at airport terminal where member of rival Hell's Angels club killed – member of rival club pursued and assaulted inside security gate by Comencheros including offender – involved in scuffle but did not punch or kick – during affray outside security area involved in fight with single member of rival club but did not use weapon and did not assault manslaughter V – during common purpose to intimidate contemplated possibility that unlawful and dangerous act would be committed with appreciable risk of serious injury

Left Club - Good prospects of rehabilitation - remorse

Winefield

(45)

[2011] NSWSC 337

Fullerton J

 

Unlawful and dangerous

Fight

Stabbing - general

VG

(murder trial)

Prior record for violence

10y

NPP 7y 6m

 Stabbed 18y male stranger in chest during fight on street – both intoxicated – offender was aggressor at all times and wielded knife – V killed in presence of friends aged below 18y – use of knife an aggravating factor

La Rosa

(37)

[2011] NSWSC 1394

RA Hulme J

 

Co-offenders:
PIRINI

AOULI

COSTA

MENZIES

HAWI

Joint Criminal Enterprise

Stabbing / Assault – general

Fight

Unlawful and dangerous

PG

(15%)

Affray

Manslaughter

Driving offences – on bail for driving offence

Affray

FT 2y 4m

 

Manslaughter

6y 7m

NPP 3y 3m

 

Total:

7y 1m

NPP 3y 9m

 

Treasurer of Comanchero motor cycle club – involved in affray at airport terminal where member of rival Hell's Angels club killed – member of rival club pursued and assaulted inside security gate by Comencheros - affray outside security area where manslaughter V fatally assaulted and stabbed – present but no physical acts during either incident - during common purpose to intimidate contemplated possibility that unlawful and dangerous act would be committed with appreciable risk of serious injury

Left Club - Good prospects of rehabilitation - remorse

Aouli

(28)

[2011] NSWSC 1393

RA Hulme J

 

[2012] NSWCCA 104

 

 

Co-offenders:
PIRINI

COSTA

LA ROSA

MENZIES

HAWI

Joint Criminal Enterprise

Stabbing / Assault – general

Fight

Unlawful and dangerous

PG

(12.5%)

Affray

Manslaughter

Priors including assault – breached bail

Affray

FT 2y 5m

 

Manslaughter

5y 8m

NPP 3y

 

Total:

6y 2m

NPP 3y 6m

AD

Member of Comanchero motor cycle club – involved in affray at airport terminal where member of rival Hell's Angels club killed – flew in from Melbourne with other members of club having arranged for additional members to meet at airport - member of rival club pursued and assaulted inside security gate by Comencheros including offender – did not throw punch – present during affray outside security area where manslaughter V fatally assaulted and stabbed but not physically involved – during common purpose to intimidate contemplated possibility that unlawful and dangerous act would be committed with appreciable risk of serious injury

Left Club - Good prospects of rehabilitation – remorse – good employment history

Costa

(29)

[2011] NSWSC 1392

RA Hulme J

 

 

 

 

 

Co-offenders:
PIRINI

AOULI

LA ROSA

MENZIES

HAWI

Joint Criminal Enterprise

Stabbing / Assault – general

Fight

Unlawful and dangerous

PG

(12.5%)

Affray

Manslaughter

Nil

Affray

FT 2y 4m

 

Manslaughter

6y 7m

NPP 3y 4m

 

Total:

7y 1m

NPP 3y 9m

 

Secretary of Comanchero motor cycle club – involved in affray at airport terminal where member of rival Hell's Angels club killed – met Club members alighting from plane having arranged for attendance of other members at airport - member of rival club pursued and assaulted inside security gate by Comencheros including offender - involved in scuffle but did not punch or kick – present during affray outside security area where manslaughter V fatally assaulted and stabbed but not physically involved – during common purpose to intimidate contemplated possibility that unlawful and dangerous act would be committed with appreciable risk of serious injury

Left Club - Good prospects of rehabilitation – remorse – good work ethic – married with two children

Barghachoun

(21)

[2011] NSWSC 1534

Johnson J

 

Co-offender:
AH

SMITH

Joint Criminal Enterprise

Fight

Stabbing - general

PG

(20%)

Short record

4y

NPP 2y 3m

 

Involved in fight between two groups of youths and men at night – responded to call for assistance and attended scene armed with metal pole and expecting fight - male from second group stabbed in chest – offender not aware of knife nor of stabbing until group left scene

Good prospects of rehabilitation – 20% discount for guilty plea - remorse

AH

(16)

[2011] NSWSC 1535

Johnson J

 

[2013] NSWCCA 32

 

Co-offender:
BARGHACHOUN

SMITH

Joint Criminal Enterprise

Fight

Stabbing – general

Juvenile

PG

(20%)

Record – breached bond

4y

NPP 2y

AD

An instigator of fight between two groups of youths and men at night – agreed to several confrontations – continuing argument with male from second group – called for assistance and attended scene armed with metal pole and expecting fight - male from second group stabbed in chest – offender not aware of knife nor of stabbing until group left scene

20% discount for guilty plea – immaturity

MB

(16)

[2011] NSWSC 1376

RS Hulme J

 

Substantial impairment

Stabbing – general

Juvenile

VG

(murder trial)

Nil

7y

NPP 4y 6m

 

Walked 3km to V's house and stabbed him in chest when he answered the door – attempted to cover scene by setting fire to house

Extremely disturbed youth with significant behavioural problems

Difficult background – suffered some physical and emotional abuse –– suicide attempts – cannabis use – suffered some sexual abuse at hands of V over several years – angered at dissension in family home – facilitated administration of justice in conduct of trial – reasonable prospects of rehabilitation

Smith

(18)

[2012] NSWSC 38

Mathews AJ

 

Co-offender:
BARGHACHOUN

AH

Excessive self defence

Fight

Stabbing - general

VG

(murder trial – 20% for offer to plead)

Nil

6y

NPP 3y

 

Stabbed male during confrontation between two groups at night – V called in to support one group and approached offender with bat – stabbed V once to side of body in self defence – spontaneous offence – had taken knife from friend earlier to prevent friend using knife

Impeccable character – offence out of character – immediate remorse – onerous bail conditions

Menzies

(26)

[2012] NSWSC 158

RA Hulme J

 

 

 

 

Co-offenders:
PIRINI

AOULI

LA ROSA

COSTA

HAWI

Joint Criminal Enterprise

Stabbing / Assault – general

Fight

Unlawful and dangerous

VG

Affray

 

PG

(15%)

Manslaughter

Two incidents of violence in public place

Affray:

3y

 

Manslaughter

7y 2m

NPP 3y 8m

 

Total:

7y 8m

NPP 4y 2m

 

Member of Comanchero motor cycle club – involved in affray at airport terminal where member of rival Hell's Angels club killed – flew in from Melbourne with other members of club having – involved in affray where member of rival club pursued and assaulted inside security gate by Comencheros – present during affray outside security area where manslaughter V fatally assaulted and stabbed - sentenced for participation in joint criminal enterprise to commit unlawful and dangerous act in circumstances which objectively carried appreciable risk of serious injury being caused

Aboriginal - Left Club - Good prospects of rehabilitation – genuine remorse – 15% discount for plea after failure to agree at murder trial

HT

(17 / 34)

[2012] NSWSC 656

Hidden J

Accessorial

Juvenile

Stabbing - general

VG

(murder trial – 30% for offer to plead and assist)

 

Rob in Co

Little of significance

6y 6m

NPP 2y3m

 

1995 – robbed 16y school boy walking home from sports training – co-offender armed with knife – V stabbed by co-offender during struggle – aware of knife and contemplate use to scare V – offered to plead guilty to manslaughter

Evidence of rehabilitation – assistance against father of co-offender for accessory after the fact to murder

Cook

(18)

[2012] NSWSC 480

Garling J

Excessive self defence

Fight

Stabbing - general

PG

(25%)

BE&S.  On bond at time of offence.

7 y 6m

NPP 4y

 

Stabbed V once in chest during affray between two groups of males – V had been walking towards A with broken bottle – both had taken a swing at each other – A did not bring knife to the fight but had picked it up in self-defence – actions of immature teenager.

Employed – reasonable rehabilitation prospects – little chance of reoffending – general good character.

Pitts

[2013] NSWSC 518

Adamson J

 

[2014] NSWCCA 244

Excessive self defence

Stabbing - general

VGNo significant convictions.

10y

NPP 7y 6m

AD

V would sometimes purchase cannabis from A – V and friend attended A's home while A's nieces and sister were staying with A – V kicked down A's front door causing A's nieces to lock themselves in back room out of fear - A responded by following V with a knife knowing that V was a former boxer - no animosity or hostility towards V – A misjudged the threat which V posed to A and his family – stabbed V through heart – thought he was stabbing V in stomach.

Rehabilitation prospects good –difficult childhood – alcohol and drug abuse from young age – epilepsy.

Brown

(23)

[2013] NSWSC 715

Grove AJ

 

Excessive self defence

Unlawful and dangerous

Stabbing general

Accessory

VG

Reckless GBH.

 

5y

NPP 3y

 

With 3 other co-accused who were each convicted of murder -   confrontation over V's belief that A's were responsible for damaging prized motor vehicles – V arrived armed with gun and discharged shots – all A's chased V and assaulted V -  S inflicted stab wound.

V's actions with gun constitute a finding of provocation as a mitigating factor.

Aboriginal – deprived upbringing – mild intellectual disability.

Bugmy

(25)

[2013] NSWSC 1885

Barr AJ

 

Excessive self-defence

Stabbing – general

Fight

PG

(bottom of range)

violence, AOABH, assault & resist police. Previous custody.

7y

NPP 3y 6m

 

Attended gathering with family and friends – consumption of alcohol and marihuana – fight broke out between V (male aged 24) and A – A fell to ground and V continued punching – A managed to grab scissors lying nearby – to defend himself A stabbed V three times to throat, face and spine – V later died from injuries - V unreasonably refused medical treatment.

Under influence of drugs and alcohol – remorse. Dysfunctional upbringing – alcohol and drug abuse – Aboriginal - poor prospects of rehabilitation - need for assistance and supervision warrants longer parole period.

Phanekham No.3

(36)

[2014] NSWSC 508

Beech-Jones J

 

[2015] NSWCCA 295

Unlawful and dangerous

Stabbing

VG

(murder trial – 10% for offer)

assault, possess drugs

8y

NPP 6y

AD

Stabbed V in abdomen following confrontation – V was intoxicated and argumentative.

Robertson

(44)

[2014] NSWSC 1401

Harrison J

 

[2015] NSWCCA 251

 

 

 

Co-accused:

McArthur (Murder)

Unlawful and dangerous

Joint criminal enterprise (driver – stayed in car)

Stabbing

PG

(15%)

 

10y 8m

NPP 8y

AD

Part of a joint criminal enterprise involving an unlawful and dangerous act, namely to "rough up" or assault the deceased in return for payment -  A drove M to place where V worked –A stayed in car -  M stabbed V in chest killing him – V was a 15 year old boy – M mistook V for V's father – M had been asked to 'rough up'/assault a person for payment in drugs – M had never seen V or V's father before.

No knowledge M armed with knife/weapon or that he would kill or inflict GBH.

Rehabilitation prospects – good family support – no previous violence

Dennis

(26)

 

 

Elwood

(21)

 

[2014] NSWSC 1615

Hulme J

 

Elwood

[2016] NSWCCA 18

Joint criminal enterprise

Stabbing - general

VG

(murder trial)

Mans

 

Mans

Assault with intent to rob

Violent offences – breached bond

 

nil

5y

NPP 3y

 

 

4y 6m

NPP 2y 6m

 

Total:

5y

NPP 3y

 

 

 

 

 

 

 

 

 

 

AD

Four males attended home of victim with intent to rob – victim sold small amounts of cannabis on regular occasions – victim surrounded by all four men in front yard - stabbed four times by co-offender McKellar

Co-offenders: E & B McKellar [2014] NSWSC 1243 -murder Elwood party to robbery – aware of presence of weapon – subordinate to McKellars – Aboriginal – prospects of rehabilitation – remorse

Dennis party to assault – not aware of weapon – Aboriginal – father to seven children – evidence of rehabilitation - remorse

F Barbieri

(45)

[2014] NSWSC 1808

Hulme J

Accessory

Substantial impairment

Stabbing - General

PG

(10%)

Mansl

 

Use off weapon to prevent apprehend

 

Sched:

2 offences

nil

9y

NPP 6y 6m

 

Total:

10y

NPP 7y 6m

 

Female lived with 19y son on rural property - Relationship with neighbour became antagonistic – son fired crossbow at workers on neighbour's property – siege developed with police – attacked police with knife and sledgehammer – police officer fatally stabbed by son – mother aware of possibility of infliction of GBH – mother was dominant offender

Son pleaded guilty to murder

Mother suffered serious mental illness causing paranoia and social isolation

Hawi

(28)

[2015] NSWSC 206

Hoeben CJ at CL

 

Co-offenders:
PIRINI

COSTA

LA ROSA

MENZIES

AOULI

Stabbing – general

Accessory

Fight

Unlawful and dangerous

PG

(17.5%)

Nil significant

6y 2m

NPP 3y 6m

 

President of Comanchero motor cycle club – involved in affray at airport terminal where member of rival Hell's Angels club killed – member of rival club pursued and assaulted inside security gate by Comencheros - affray outside security area where manslaughter V fatally assaulted and stabbed – present but no physical acts during either incident - during common purpose to intimidate contemplated possibility that unlawful and dangerous act would be committed with appreciable risk of serious injury – aggravating factor that it took place in public airport

Good prospects of rehabilitation – good family support

Huang

(43)

[2015] NSWSC 375

Beech-Jones J

Stabbing – general

Excessive self defence

VG

(murder trial – 25% for offer)

nil

7y 10m

NPP 5y 11m

 

Stabbed fellow employee at workplace – multiple stab wounds – intent to kill – history of conflict between offender and victim – limited provocation -  both Chinese nationals

25% discount for offer to plead guilty – further 10% for voluntary surrender and co-operation with police – genuine remorse

Misiepo

(35)

[2016] NSWSC 565

Hall J

Excessive self defence

Stabbing - general

VG

(murder trial - 20% for offer)

Personal violence, armed robbery, resist officer, supply drugs.

12y

NPP 9m

 

A armed himself with a knife believing V was member of outlaw motorcycle gang – V was not armed – A was the aggressor who stabbed unarmed V three times – intention to inflict grievous bodily harm – objective gravity of a high order.

Difficult upbringing – drug abuse.

McGuiness

(26)

[2016] NSWSC 1806

RA Hulme J

Excessive self-defence

 

Stabbing - general

PG

(15%)

Reckless wounding.

8y 6m

NPP 6y 4m

 

A with friends – incident with V who was part of group of males – V said, 'Come on and fight me' and pushed A in chest  - led to fight - V initiated and gained upper hand in the assault – A produced and used a knife while being assaulted – stabbed V once to neck – did not directly aim to stab V in neck but clearly directed knife toward V's upper body - intention to inflict really serious harm.

Moderate objective seriousness.

Reasonable prospects rehabilitation – ADHD.

Mitchell

(22)

[2016] NSWSC 1855

Adams J

Excessive self-defence

 

Stabbing - general

 

PG

(10%)

Minor offences of violence – affray, assault officer

3y 6m

NPP 2y

 

Ongoing quarrel with male V – stabbed V to chest during altercation – A thought V was going to break his neck - A was not the aggressor and had not been an aggressor at any point during confrontation- V attacked A in A's own home, had tricked A into believing he had gone whilst in fact he was lying in wait to attack A – A taken unawares by the ambush and responded in heat and panic of the moment – A had done everything possible to avoid a physical confrontation - misjudgement in the heat of the moment - extent to which the force A used was excessive was slight.

Lowest degree of objective seriousness.

Aberration - will not re-offend – youth – special circumstances – remorse.

 

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