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

 

Manslaughter - Excessive Self-Defence   

CaseTypePleaRecordSentenceAppealFacts 

Nguyen

(24)

[2002] NSWSC 536

Greg James J

Excessive self defence

Shooting - general

PG

(25%)

Mansl

s.33

2 x s.33A

 

Sched:

Possess unlic firearm

Serious offences including armed robbery - On parole

7y

NPP 3y 6m

(other offences concurrent)

 

6 persons burst into house where offender visiting - armed with clubs and bars intending to rob and inflict injury if required - Offender discharged 2 shots from pistol killing one man - Pursued men firing more shots - Impulsive shooting

Vietnamese - Prospects of rehabilitation

 

Cioban

(37)

[2002] NSWSC 972

Studdert J

 

(2003) 139 A Crim R 265

NSW CCA

Excessive self defence

Shooting – general

Fight

VG

s.33A

Manslaughter

 

Manslaughter:

8y

NPP 5y

Total:

9y

NPP 6y

Conviction AA - s.33A

 

Manslaughter:

AA

6y 6m

NPP 4y

Involved in fight with group of Fijians on street - Punched and kicked - Fired shot at V failing to strike anything - Pursued by V in aggressive manner - Backed into door way and shot V in chest - No premeditation - Believed necessary to defend self

Romanian - Full time carer for disabled son - Offence out of character - Good prospects of rehabilitation

 

Trevenna

(32)

[2003] NSWSC 463

Buddin J

 

(2004) 149 A Crim R 505

NSWCCA

Excessive self defence

Shooting - domestic

PG

(towards bottom of range)

Minor record – breached bond

7y 6m

NPP 4y 6m

Crown AD

Female - Attacked by male house mate – Choked and threatened with death – V holding cricket bat – Shot V in back of head – Volatile and deteriorating relationship – Offender in fear of V – V large and intimidating male – Unpremeditated - Measure of provocation

Childhood history of sexual abuse – Remorse – Positive prospects of rehabilitation

 

Scott

(41)

[2003] NSWSC 627

Whealy J

Excessive self defence

Assault - domestic

PG

(15%)

Minor/irrelevant

5y

NPP 2y 6m

 

Hit de facto husband on head 5 times with heavy iron – V threatened offender with knife – Buried body in backyard and claimed de facto left

Suffering depressive illness at time of offence – Would have responded to threat with acute and intense emotions of fear, anxiety and apprehension – Prospects of rehabilitation

 

Boyd

(37)

[2004] NSWSC 263

Buddin J

Excessive self defence

Fight

Stabbing - general

PG

(at or near top of 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

 

Muddle

(40)

[2004] NSWSC 403

Bell J

Excessive self defence

Fight

Stabbing - domestic

VG

(murder trial)

Minor

6y

NPP 3y

 

Became involved in sustained physical fight with younger and powerfully built male acquaintance during drinking session at offender's home – V threatened to kill then forced way into house – Stabbed in upper back with knife - excessive self defence to introduce weapon

Genuine remorse – Reasonable prospects of rehabilitation

 

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.

 

Vuni

(50)

[2005] NSWSC 184

Studdert J

 

[2006] NSWCCA 171

Excessive self defence

Shooting - general

VG

(murder trial)

Prior convictions for violence

10y

NPP 7y 6m

AD

Shot male acquaintance in head after heated discussion – intent to kill – had been requested by V to recover stolen weapons and assault men responsible – threatened by deceased when failed carry out request – fearful for family present at scene of offence

Tongan

 

Ward

(54)

[2005] NSWSC 266

Whealy J

 

(2006) 166 A Crim R 273

NSWCCA

Excessive self defence

Stabbing - domestic

VG

(murder trial)

Minor assault

7y

NPP 4y

AD

Stabbed male neighbour in throat with penknife used to open letters – V kicked offender with steel capped boots and punched him in head – not reasonable response to assault – history of poor relationship between neighbours

Immediate remorse – good character and good prospects of rehabilitation

 

Ali

(mid 20s)

[2005] NSWSC 334

Wood CJ at CL

Excessive self defence / Provocation

Shooting - general

VG

(murder trial)

Record includes acc to robbery

5y 8m

NPP 2y 8m

 

V obsessed with offender's partner - threatened offender and partner a number of times including using a pistol – on night of killing, V had cocaine and told others he was going 'to get' offender – V talked with offender then threatened to have his parents killed – offender shot V when latter seeking refuge after being disarmed

Lebanese background – stable family – doesn't use drugs – remorse – involved in community – partner pregnant again

 

WKD

(19)

 

 

 

 

 

MJN

(15)

 

[2005] NSWSC 694

Mathews AJ

Excessive self defence

Assault – general

Juvenile

Accessory

VG

(murder trial)

 

PG

Steal from dwelling

Included assault

 

 

 

 

 

Nil relevant

Manslaughter

12y

NPP 8y

Total:

13y 6m

NPP 9y

 

Manslaughter:

6y

NPP 3y

Total:

7y

NPP 3y 6m

 

Male and young cousin assaulted male acquaintance in home with iron bar and beer bottle – stole property – Attended home with intent to assault – retaliation for earlier confrontation

WD - primary offender – inflicted majority of injuries – Excessive self defence - aboriginal – 2 children from long term relationship

NM – under influence of older cousin – pre-existing criminal enterprise to assault – Aboriginal - remorse

 

Ahmad

(30)

[2005] NSWSC 911

Howie J

 

[2006] NSWCCA 177

Excessive self defence

Fight

Shooting - general

PG

(15%)

 

Mal inflict GBH

Mal wound

AOABH

Irrelevant

Manslaughter:

9y 4m

NPP 6y

Total:

10y 4m

NPP 7y

AD

Arguments between factions of Lebanese community – offender broke V1's jaw and later shot and killed V2 – intent to kill

Lebanese – married with 3 young children – wife sentenced for hindering police – out of character – some hearing loss from bomb blasts in Lebanon – very low IQ – good rehabilitation prospects

 

Cakovski

(19)

[2005] NSWSC 1001

Studdert J

Excessive self defence

Stabbing - general

PG

(15%)

Minor but breach of bail

7y 8m

NPP 5y 8m

 

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

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

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

 

Nam

(29)

[2006] NSWSC 802

Adams J

Excessive self defence

Shooting - domestic

PG

(17%)

Mansl

2 x Mal inflict GBH

Minor – no violence

4y 6m

NPP 2y

(concurrent sentences for other offences)

 

Attempt made by V and group of males to unlawfully evict offender and family (including 14m child) from farmhouse – program of intimidation undertaken at night involving violence and threats to rape and kill – offender panicked and provoked and fired shot gun at advancing group – use of gun reasonable but not uncontrolled firing - bottom of range - Extremely provocative conduct of victims a substantial mitigating factor

Father to young child

 

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

Diab

(26)

[2007] NSWSC 577

Studdert J

 

[2009] NSWCCA 58

Excessive self defence

Shooting - general

PG

(15%)

Priors – assault

10y 3m

NPP 7y 9m

ADMet with V in bedroom of house to discuss dispute over drug dealing – V drew gun but no evidence gun was loaded – shot V five times – not a reasonable response

Hansell

(31)

[2007] NSWSC 1136

Latham J

Excessive self defence

Assault - domestic

PG

(15%)

Nil relevant

3y 4m

NPP 2y

 

After evening of drinking with friends V turned violent – V seriously assaulted offender's brother and wife – Offender held V around neck blocking airway – Intent to restrain not choke – Element of punishment and recklessness – Lower end of scale of seriousness

Good character – Married with daughter – Genuine remorse

King

(18)

[2007] NSWSC 1134

Fullerton J

Excessive self defence

Fight

Stabbing - domestic

PG

(25%)

Nil

4y

NPP 22m

 

Argument broke out with strangers outside family home of offender – 30-40 additional men arrived to continue fight – genuine fear for safety of self, brother and family including children in house – retrieved knife from house – stabbed V in neck – single stab wound - intent to inflict GBH only – low end of range of seriousness

Good character – Long term relationship with young child – Nearly 2 years PSC - remorse

Turuta

(44)

[2007] NSWSC 1505

Mathews AJ

Excessive self defence

Fight

Stabbing - domestic

VG

(murder trial)

Assault

Nil

7y

NPP 4y 6m

 

Fight broke with neighbour and friend after offender physically assaulted partner – stabbed neighbour in back and stomach

Extraordinary hardship to three children – serious physical deterioration of mother – born in Cook Islands

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)

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

 

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

 

Stewart

(27)

[2008] NSWSC 563

Johnson J

 

[2009] NSWCCA 152

Excessive self defence

Stabbing - domestic

VG

(murder trial – 12.5% for offer)

Priors including violence

10y 6m

NPP 7y 3m

AD

Altercation between offender and V at house offender shared with mutual friend – asked by friend to leave - offender returned unannounced next afternoon – stabbed V 12 times with push dagger during punch up with V – armed with concealed weapon – intent to inflict GBH – high objective gravity

Discount for offer to plead guilty

 

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 

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

 

Irvine

(20)

[2008] NSWCCA 273

Unlawful and dangerous / excessive self defence

Assault - general

PG

(25%)

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.

 

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

 

Katic

(29)

[2008] NSWSC 1330

Hidden J

Excessive self defence

Assault - general

VG

(murder trial – 10% for offer))

 

PG

Agg AR

Nil significant

Manslaughter

9y

NPP 5y 6m

 

Total:

11y

NPP 7y 6m

 

Robbed newsagency with unloaded air rifle – co-offender standing lookout – Pursued by proprietor – Struck proprietor with wooden fence paling – fatal assault

Offered to plead guilty to manslaughter – Troubled background – Substance 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

 

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

 

Smith

(22)

[2009] NSWSC 1183

Mathews AJ

 

[2011] NSWCCA 110

Excessive self defence

Assault - general

PG

(10%)

minor

6y 9m

NPP 4y 6m

AD

Offender and friends pursued through streets at night by V wielding two knives and making threats – V indicated surrender when threatened by male holding tree branch – Offender took branch and struck V several times with branch – kicked him around the head on ground – judgment impaired by intoxication – injury to hand – lower range of culpability for manslaughter by excessive self defence

Cannabis abuse – prior good character – good prospects of rehabilitation

 

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

 

Glanville

(27)

[2010] NSWSC 364

James J

Substantial impairment / excessive self defence

Assault - domestic

VG

(murder trial – some discount for offer)

Not significant

6y 8m

NPP 5y

 

Assaulted male acquaintance with baseball bat after V had forced entry into house – both intoxicated having been drinking together earlier – V had been loudly and abusively seeking entry to unit – weakened arm and frontal lobe damage influenced perception of threat – mental functioning so affected as to constitute substantial impairment of the mind - brain damage

Offered to plead guilty to manslaughter – mental health and drug problems

 

Grant

(52)

[2010] NSWSC 1048

Barr AJ

 

[2014] NSWCCA 67

Excessive self defence

Shooting - general

PG

(25%)

Mansl

 

Dispose of body

 

Cultivate comm qty cannabis

 

Supply cannabis

Nil

Manslaughter:

12y

NPP 8y 6m

 

Total:

14y

NPP 10y 6m

AA

10y

NPP 7y 6m

Grew cannabis plants at farm to meet financial obligations – V twice stole plants – armed self with loaded pistol for protection – On third occasion V broke into house and shot twice – intent to kill - disposed of body in nearby national park – 1,549 cannabis plants found on property – 8.14kg dried cannabis – principal in drug offences – below mid-range

On appeal sentenced on basis of intent to commit GBH

 

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

 

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

 

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.

 

Seymour

(24)

[2012] NSWSC 1010

Price J

Excessive self defence

Stabbing - domestic

VG

(murder trial)

minor

6y 6m

NPP 3y 6m

 

Female stabbed mother in arm as act of excessive self defence – V bled to death - History of verbal and physical abuse by V against offender – V a drug user – deliberate stabbing – failed to assist deceased but unaware could bleed to death – spontaneous offence

Deprived and dysfunctional childhood – suffering depression at time of offence

 

T Carney

(18)

 

 

L Cambey

 

[2012] NSWSC 1344

Schmidt J

 

Cambey

[2013] NSWCCA 170

Excessive self defence

Assault - general

PG

(small)

 

 

PG

(small)

Nil

 

 

 

Nil

9y

NPP 6y

 

 

7y 8m

NPP 5y 2m

 

 

 

 

AA

7y 2m

NPP 4y 10m

Offence occurred in 2006 – earlier convictions quashed: Carney; Cambey [2011] NSWCCA 223 - attended V's home with co-offender for purpose of purchasing drugs – V found co-offender was armed with a taser of which TC and LC had no knowledge – V attacked TC with a metal pole -  In self-defence TC attacked V with pole – LC denied any role in assault  – V suffered injuries consistent with being bashed by metal pole and being kicked – unplanned offence

TC: drug and alcohol abuse

LC: drug use – supportive family. 

LC's appeal  allowed on parity basis - LC played active role in assaults, but was significantly less culpable than TC.

 

Booth

(38)

[2012] NSWSC 1424

Latham J

Excessive self defence

Shooting - general

PG

(10%)

 

Sched:

5 offences

Assault, malicious damage, possess firearms, possess drug

9y

NPP 6y

 

Shot V once at close range to chest – dispute over drug matters – V had come to V's home armed with baton and struck A to head with baton.

Drug use – good rehabilitation prospects

 

McCann

(67)

[2012] NSWSC 1462

Barr AJ

Excessive self defence

Assault - domestic

VGNil

7y

NPP 3y 6m

 

Strangled V with nylon cord after argument – V was staying at A's house as a boarder – A disliked V and fearful of V – mental issues gave rise to increasingly erratic behaviour by A.

Depression / bipolar – prior good character.

 

Nguyen

(55)

[2013] NSWSC 197

Fullerton J

 

[2013] NSWCCA 195

Excessive self defence

Shooting - general

PG

(10%)

Mansl

s.33(1)(a)

 

Sched:

Firearms offence

Supply commercial qty drugs

9y 5m

NPP 7y

 

(concurrent sentence 7y)

Crown AA

 

Manslaughter:

16y 2m

NPP 12y

 

Total:

17y 2m

NPP 13y

Police raid garage of units occupied by offender pursuant to search warrant – offender exited garage and fired shots – struck constable in arm - police shots in reply fatally struck constable - offender victim of attempted armed robbery two weeks earlier in same location – unaware V a police officer but ought reasonably to have foreseen possibility

Vietnamese – commenced using drugs after death of first wife - Remorse

 

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.

 

Smith

(21)

[2014] NSWSC 1069

Garling J

 

[2015] NSWCCA 193

Excessive self-defence

Shooting general

VG

(murder trial - 25% for offer)

Prior record for serious personal violence – breached parole

12y

NPP 9y

AA

10y

NPP 7y 6m

Shot male friend – after argument during previous evening met up with friend and two others for purpose of fist fight – small element of provocation.

 

CCA: sentencing judge omitted to find A perceived V was armed with a gun and willing to use it against him;  omission affected evaluation of unreasonableness of A's response.

 

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

 

Basanovic

(21)

[2016] NSWSC 292

DaviesJ

Excessive self defence

Shooting – general

VG

(murder trial)

 

s.33

Violence

11y 6m

NPP 8y

 

Total:

14y 6m

NPP 11y

 

Father and victim members of bikie club - serious falling out – threats made to father – visited victim's office with father and friend – heated argument - offender 'lost it' and shot victim – five shots fired – employee shot in arm and seriously injured

Joint criminal enterprise – agreement to kill – agreement on behalf of offender based on defence of father - upper mid-range for manslaughter

Father convicted of murder

 

Anderson

(39)

[2016] NSWSC 399

Hall J

Excessive self defence

Stabbing - domestic

PG

(20%)

Significant – includes violence – breached bail

12y 9m

NPP 9y 6m

 Stabbed estranged pregnant partner once in chest – forced entry into unit Victim visiting and scuffled with three female – pushed one female causing all to fall – Victim retrieved kitchen knife and approached offender – during struggle offender grabbed knife and stabbed Victim – high criminality – extremely serious – intent to GBH 

Misiepo

(35)

[2016] NSWSC 565

Hall J

Excessive self defence

Stabbing

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.

 

Hamzy

(27)

[2016] NSWSC 1512

RA Hulme J

Excessive self defence

Shooting - General

VG

(murder trial - 25% for offer)

 

s.33

(20% offer to place on Schedule)

Significant including violence and weapons offences – breached bond

10y 6m

NPP 7y 6m

 

5y 8m

NPP 4y 3m

 

Total:

11y 6m

NPP 8y 6m

 

Member of gang – took loaded glock pistol to meeting with estranged associate – shot at associate sitting in car 11 times – wounded associate – shot dead passenger – pre-emptive strike – residential street on Sunday afternoon – circumstances of shooting made it serious

Convicted of s.33 offence as alternative to wound with intent to murder - delay of some relevance

 

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.