R v Garth (No 2) [2017] NSWDC 471

R v Garth (No 2) [2017] NSWDC 471

The offender's single closed-fist punch to Raynor Manalad's head while intoxicated caused his death and was not done in self-defence. Although spontaneous, unplanned and below the mid-range for offences of this type, the offence was objectively serious, attracted a mandatory minimum non-parole period, and required significant deterrent punishment. The offender committed the offences while subject to conditional liberty for prior violence-related offending, showed little or no remorse accepted by the Court, and did not have good prospects of rehabilitation. The Court was also satisfied beyond reasonable doubt that the offender was not acting in self-defence when he threw punches towards...

Jurisdiction
Australia
Judgment Date
08 December 2017
Procedural Posture
Criminal Sentence / Sentencing After Jury Verdict for Assault Occasioning Death While Intoxicated, Determination of Two S 166 Certificate Offences, and Revocation of Prior S 9 Bonds
Outcome
The prior s 9 bonds for common assault and contravening a domestic violence order were revoked. The offender was convicted and sentenced for common assault, affray, and assault occasioning death while intoxicated. The total period of imprisonment was 10 years and 3 months, with a total non-parole period of 8 years...
Legal Topics
['affray' 'assault Causing Death When Intoxicated' 'common Assault' 'breach of Conditional Liberty' 'plea of Guilty' 'non Parole Period' 'standard Non Parole Period' 'imprisonment' 'accumulation, Concurrency and Totality' 'revocation of Good Behaviour Bonds' 'findings of Fact on Sentence' 'special Circumstances']
['criminal Law' 'sentencing'] ['affray' 'assault Causing Death When Intoxicated' 'common Assault' 'breach of Conditional Liberty' 'plea of Guilty' 'non Parole Period' 'standard Non Parole Period' 'imprisonment' 'accumulation, Concurrency and Totality' 'revocation of Good Behaviour Bonds' 'findings of Fact on Sentence' 'special Circumstances']

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Procedural Posture

Criminal Sentence / Sentencing After Jury Verdict for Assault Occasioning Death While Intoxicated, Determination of Two S 166 Certificate Offences, and Revocation of Prior S 9 Bonds

Legal Issues

  1. 1 ['What facts should be found for sentence consistently with the jury verdict and to the criminal standard for adverse findings against the offender.' 'Whether the common assault against Daniel Crimi was proved beyond reasonable doubt and whether the offender acted in self-defence.' 'Whether the affray was proved beyond reasonable doubt and whether the offender acted in self-defence.' 'What sentences should be imposed for assault occasioning death while intoxicated, common assault, affray, and the prior offences for which s 9 bonds had been imposed.' 'How the mandatory minimum penalty and non-parole period, breach of conditional liberty, intoxication, remorse, rehabilitation, deterrence, accumulation, concurrency and totality affected sentence.']

Ratio Decidendi

The offender's single closed-fist punch to Raynor Manalad's head while intoxicated caused his death and was not done in self-defence. Although spontaneous, unplanned and below the mid-range for offences of this type, the offence was objectively serious, attracted a mandatory minimum non-parole period, and required significant deterrent punishment. The offender committed the offences while subject to conditional liberty for prior violence-related offending, showed little or no remorse accepted by the Court, and did not have good prospects of rehabilitation. The Court was also satisfied beyond reasonable doubt that the offender was not acting in self-defence when he threw punches towards...

Court Disposition

The prior s 9 bonds for common assault and contravening a domestic violence order were revoked. The offender was convicted and sentenced for common assault, affray, and assault occasioning death while intoxicated. The total period of imprisonment was 10 years and 3 months, with a total non-parole period of 8 years...

Orders

  • ['In respect of the previous offences of common assault and contravene a domestic violence order, both s 9 bonds are revoked.' 'For each prior offence, the offender is sentenced to imprisonment for 7 months, commencing on 3 May 2014.' 'For the common assault upon Daniel Crimi, the offender is convicted and sentenced...