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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 - Excessive Self-Defence   

Case

(age if known)

TypePleaRecordSentenceAppealFacts

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

 

 

FT 3y

 

FT 2y

(all 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

 

8y

NPP 5y

 

FT 18m

 

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 - 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

PGMinor 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 – in fear of V – V large and intimidating male – unpremeditated - element 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

PGIncludes 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

(12%)

Mans

 

VG

Mansl

(at murder trial - 12% for offer to plea)

Lengthy record – breached parole

12y

NPP 9y

 

 

12y

NPP 8y

 

Total:

19y

NPP 15y

AA

9y

NPP 6y 9m

 

12y

NPP 8y

 

Total:

16y 9m

NPP 12y 9m

Involved in fight outside hotel – male stabbed by friend of offender – 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

(at 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 V 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

(at 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

(at 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 V seeking refuge after being disarmed

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

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

9y 4m

NPP 6y

 

FT 15m

 

 

FT 9m

 

FT 9m

 

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

WKD

(19)

 

 

 

 

 

 

 

 

MJN

(15)

 

[2005] NSWSC 694

Mathews AJ

Excessive self defence

Assault – general

Juvenile

Accessory

VG

(at murder trial)

 

PG

Steal from dwelling

 

 

 

VG

(at murder trial)

 

PG

Steal from dwelling

Included assault

 

 

 

 

 

 

 

 

Nil relevant

12y

NPP 8y

 

 

FT 1y 6m

 

Total:

13y 6m

NPP 9y

 

6y

NPP 2y 6m

 

FT 1y

 

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

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 killed 3 people over 25 years earlier and had threatened to kill someone on 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 – possible 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

 

 

FT 18m

(concurrent)

 

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 - 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 – unreasonable 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 - remorse

Turuta

(44)

[2007] NSWSC 1505

Mathews AJ

Excessive self defence

Fight

Stabbing - domestic

VG

(at murder trial)

 

Assault

Nil

7y

NPP 4y 6m

 

 

FT 3m

(concurrent)

 

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)

[2007] NSWSC 1333

Buddin J

 

 

 

 

 

 

 

 

Co-offenders:

A JONES

SM JONES

S JONES

E JONES

Excessive self defence

Provocation

Fight

Stabbing – general

Accessory

VG

(at murder trial - 15% for offer)

Mansl

 

Mal wound

 

Sched:

4 off

Nil

8y 3m

NPP 5y 3m

 

 

 

 

FT 18m

 

Total

9y

NPP 6y

 

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 – offenders convicted of alternative offences at trial for murder and attempt murder

Father to A Jones and son of S Jones - exemplary conduct in custody – possibility of deportation – prospects of rehabilitation

A.Jones

(21)

[2007] NSWSC 1333

Buddin J

 

[2009] NSWCCA 169

 

 

 

 

 

Co-offenders:

AS JONES

SM JONES

S JONES

E JONES

Excessive self defence

Provocation

Fight

Stabbing – general

Accessory

VG

(at murder trial – 15% for offer)

Mansl

 

Mal wound

 

Assault

Minor

 

8y 3m

NPP 5y 3m

 

 

 

 

FT 18m

 

FT 4m

 

Total

9y

NPP 6y

AD

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 –  offenders convicted of alternative offences at trial for murder and attempt murder

Son of AS Jones - remorse – prospects of rehabilitation

S.M.Jones

(32)

[2007] NSWSC 1333

Buddin J

 

 

 

 

 

Co-offenders:

AS JONES

A JONES

S JONES

E JONES

Excessive self defence

Provocation

Fight

Stabbing – general

Accessory

PG

(15%)

Mansl

 

 

Mal wound

Minor

8y 3m

NPP 5y 3m

 

 

 

FT 18m

 

Total

9y

NPP 6y

 

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

Evaded police and voluntarily surrendered during trial of other offenders

S.Jones

(64)

[2007] NSWSC 1333

Buddin J

 

 

 

 

 

 

 

Co-offenders:

AS JONES

A JONES

SM JONES

E JONES

Excessive self defence

Provocation

Fight

Stabbing – general

Accessory

VG

Mansl

 

Mal wound

Minor

7y 9m

NPP 4y 9m

 

FT 18m

 

Total

8y 6m

NPP 5y 6m

 

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 – offenders convicted of alternative offences at trial for murder and attempt murder

Father to AS Jones and S Jones and grandfather of A Jones

E.Jones

(female)

63)

[2007] NSWSC 1333

Buddin J

 

 

 

 

 

 

 

Co-offenders:

AS JONES

A JONES

SM JONES

S JONES

Excessive self defence

Provocation

Fight

Stabbing – general

Accessory

VG

Mansl

 

Mal wound

Nil

7y

NPP 4y 6m

 

FT 12m

 

Total

7y 6m

NPP 5y

 

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 –offenders convicted of alternative offences at trial for murder and attempt murder

Culpability slightly less – 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

AA

Technical matter only – same effective sentence

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

(at murder trial – 12.5% for offer)

Priors including violence

10y 6m

NPP 7y 3m

ADAltercation 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

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' offender – 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 – offender and friend went after V to tell him to return to scene and await police – V intoxicated and abusive – offender 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

(at 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 Asperger's – 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

(at murder trial – 10% for offer)

 

PG

Agg AR

Nil significant

9y

NPP 5y 6m

 

 

 

FT 4y

 

Total:

11y

NPP 7y 6m

 

Robbed newsagency with unloaded air rifle – co-offender standing lookout – pursued by proprietor – fatally struck proprietor with wooden fence paling

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%)

Mansl

 

Carry knife in public place

nil

6y

NPP 3y

 

 

FT 3m

(concurrent)

 

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

(at 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

Glanville

(27)

[2010] NSWSC 364

James J

Substantial impairment

Excessive self defence

Assault - domestic

VG

(at 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

Mental health and drug problems

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

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

12y

NPP 8y 6m

 

 

FT 1y

 

 

5y 4m

NPP 4y

 

 

FT 2y

 

Total:

14y

NPP 10y 6m

AA

10y

NPP 7y 6m

 

FT 1y

 

 

5y 4m

NPP 4y

 

 

FT 2y

 

Total:

12y

NPP 9y 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 – 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 cause GBH

Smith

(18)

[2012] NSWSC 38

Mathews AJ

 

 

Co-offender:

BARGHACHOUN

AH

Excessive self defence

Fight

Stabbing - general

VG

(at 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.

7y 6m

NPP 4y

 

Stabbed V once in chest during affray between two groups of males – V walking towards offender with broken bottle – both took swing at each other – offender did not bring knife to 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

(at 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 V 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

 

 

 

PG

Nil

 

 

 

nil

9y

NPP 6y

 

 

7y 8m

NPP 5y 2m

 

 

 

 

AA

7y 2m

NPP 4y 10m

Offence committed 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 – on appeal LC found less culpable than TC

TC: drug and alcohol abuse

LC: drug use – supportive family.

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 dealing – warned by V's brother V was angry and coming to sort offender out – placed loaded shotgun at door – when V arrived forced entry through half opened door armed with baton – shot fired by offender – serious case of manslaughter

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 offender's house as a boarder – offender disliked V and fearful of V – mental issues gave rise to increasingly erratic behaviour by offender.

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

 

 

FT 7y

(concurrent)

Crown AA

16y 2m

NPP 12y

 

8y 1m

NPP 6y

 

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 offender – V and friend attended offender's home while offender's nieces and sister were staying – kicked down front door causing nieces to lock themselves in back room out of fear –followed V with knife then stabbed V through heart – thought he was stabbing in stomach - no animosity or hostility towards V – misjudged threat V posed - knew V a former boxer

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

VGReckless GBH

5y

NPP 3y

 

With 3 other co-accused confronted V over belief offender damaged prized motor vehicles – V arrived armed with gun and discharged shots – all offenders chased and assaulted V - S inflicted stab wound – element of provocation

Aboriginal – deprived upbringing – mild intellectual disability

Co-offenders sentenced for murder: Sutcliffe, Hoskins, Moulds: [2013] NSWSC 715 / [2014] NSWCCA 208 / [2014] NSWCCA 207 / [2016] NSWCCA 157

Bugmy

(25)

[2013] NSWSC 1885

Barr AJ

 

Excessive self-defence

Stabbing - general

Fight

PGViolence, 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 24y male and offender – offender fell to ground and V continued punching – offender grabbed scissors lying nearby and stabbed V three times to throat, face and spine – 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

(at 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

On appeal sentencing judge omitted to find offender perceived V was armed with gun and willing to use it against him - omission affected evaluation of unreasonableness of response

Huang

(43)

[2015] NSWSC 375

Beech-Jones J

Stabbing – general

Excessive self defence

VG

(at murder trial – 35% for offer and co-operation)

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

Voluntary surrender - genuine remorse

W Basanovic

(21)

[2016] NSWSC 292

Davies J

Excessive self defence

Shooting – general

VG

(at murder trial)

 

s.33

Violence

11y 6m

NPP 8y

 

 

9y 4m

NPP 7y

 

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

Father convicted of murder: [2016] NSWSC 292

Anderson

(39)

[2016] NSWSC 399

Hall J

 

[2018] NSWCCA 49

Excessive self defence

Stabbing - domestic

PG

(20%)

Significant – includes violence – breached bail

12y 9m

NPP 9y 6m

12y

NPP 9y

Stabbed estranged pregnant partner once in chest – forced entry into unit victim visiting and scuffled with three females – pushed one female causing all to fall – victim retrieved kitchen knife and approached offender – stabbing occurred during struggle for knife during struggle offender grabbed knife and stabbed victim

Misiepo

(35)

[2016] NSWSC 565

Hall J

 

 

Excessive self defence

Stabbing - general

VG

(at murder trial - 20% for offer)

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

12y

NPP 9m

AD

Armed self with knife believing V was member of outlaw motorcycle gang – V not armed – offender was aggressor - stabbed unarmed V three times – intent to inflict grievous bodily harm – objective gravity of high order.

Difficult upbringing – drug abuse.

Hamzy

(27)

[2016] NSWSC 1512

RA Hulme J

 

[2018] NSWCCA 53

Excessive self defence

Shooting - General

VG

(at 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

AD

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

 

Became involved in incident between two groups - V invited offender to fight – punched offender to head - V initiated and gained upper hand in assault – offender – 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 – thought V was going to break his neck - not aggressor – attacked by V in own home - V lying in wait to attack offender – taken unawares by ambush and responded in heat and panic – done everything possible to avoid physical confrontation - misjudgement in heat of the moment – only slightly excessive force - lowest degree of objective seriousness

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

Hadchiti

(20 at time of offence)

[2017] NSWSC 292

N Adams J

Excessive self-defence

PG

(13%)

Nil

10y

NPP 7y

 

2011 offence - lived with parents and family on semi-rural property – sister and 26y boyfriend arrived to collect sister's children - violent altercation between offender and boyfriend when he pushed offender's mother – offender stabbed in arm by V – stabbed V in chest and cut throat with knife being used for peeling fruit - intent to kill - honestly believed necessary to defend self and mother  - serious example of offence

Positive subjective case - unlikely to reoffend – remorse – good prospects of rehabilitation – delay – finding of special circumstances: youth - first time in custody

Reeves

(71)

[2017] NSWSC 813

Campbell J

Assault – general

Fight

Excessive self defence

PG

(25%)

 

Wilful disposal of body

Lengthy. Armed robbery, assault.

7y 6m

NPP 5y 4m

 

FT 2y

 

Total:

8y 6m

NPP 6y 4m

 2009 offence – V's body discovered in 2013 at Royal National Park – physical fight between offender and V – V armed with knife and offender initially acted in self-defence and defence of friend – after V dropped knife fist fight continued and caused death of V – final three blows to head not reasonable self-defence - gratuitous violence - spontaneous not premeditated - low to mid-range objective seriousness.

Gilson

(38)

[2017] NSWSC 1670

Button J

 

Excessive self defence

Stabbing - general

VG

(at murder trial – 10% for offer)

Nil

8y

NPP 5y

 

Exact circumstances of killing unclear – female offender sexually assaulted by male victim while drinking at victim's house with two friends – two days later arranged to meet victim in remote street in early hours of morning – further sexual assault resulting in single stab wound to chest in excessive self-defence – intent to inflict GBH – had indicated on Facebook prior to killing intent to harm victim – attempt to cover tracks – effect of killing on gravely ill wife and young daughter of V

Difficult background including sexual abuse by relative – prior good character – small reduction for conduct of trial

Patel

(30)

[2018] NSWSC 952

Lonergan J

Excessive self-defence

Strangulation / suffocation

Assault - general

VG

(15% for offer)

Nil

9y 4m

NPP 7y

 

Female - killed female victim – excessive self-defence – victim to marry offender's friend with whom offender had been sexually involved – circumstances of stabbing unclear - physical struggle over knife that victim had such that offender felt threatened - victim died by strangulation and suffocation – failure by offender to try to resuscitate or call 000 - serious offence of its kind – killing occurred in home of victim.

Good prospects rehabilitation -  good character - unlikely to reoffend

Ambrosius

(50)

[2018] NSWSC 1318

RA Hulme J

Excessive self defence

PG

(15%)

Mansl

 

Sched:

AOABH on police officer

nil significant

6y 9m

NPP 3y 6m

 

During physical altercation with 74y step-father threw victim over balcony causing instant death – erroneously believed acting in self-defence – short struggle on arrest caused minor injuries to police officer - culpability reduced by abnormality of mind

History of mental illness - schizophrenia

Last Updated: 3.9.2018

 

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