R v Veech [2001] NSWSC 68

R v Veech [2001] NSWSC 68

The prisoner was found guilty of manslaughter by reason of provocation, not self-defence, having fired four shots, including two while the deceased was defenceless on the ground, following a brief and provocative confrontation. The degree of provocation was significant but not extreme, his response was deliberate and controlled, and no actual threat with a weapon was present. The seriousness of the offence and the need for deterrence justified a substantial sentence of imprisonment.

Jurisdiction
Australia
Judgment Date
08 February 2001
Procedural Posture
Criminal / Sentencing
Outcome
Sentenced to imprisonment. Sentence varied under slip rule to specify non-parole period expiry date.
Legal Topics
['manslaughter' 'provocation' 'sentencing']
['criminal Law'] ['manslaughter' 'provocation' 'sentencing']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Whether the prisoner was guilty of manslaughter by reason of provocation' 'Objective and subjective factors relevant to sentence for manslaughter' 'Appropriate sentence having regard to seriousness and circumstances']

Ratio Decidendi

The prisoner was found guilty of manslaughter by reason of provocation, not self-defence, having fired four shots, including two while the deceased was defenceless on the ground, following a brief and provocative confrontation. The degree of provocation was significant but not extreme, his response was deliberate and controlled, and no actual threat with a weapon was present. The seriousness of the offence and the need for deterrence justified a substantial sentence of imprisonment.

Court Disposition

Sentenced to imprisonment. Sentence varied under slip rule to specify non-parole period expiry date.

Orders

  • ['Imprisonment for 6 years 6 months less 136 days, commencing 1/12/2000, expiring 1/2/2007' 'Non-parole period of 59 months less 136 days, commencing 18/12/2000, expiring 4/7/2005 (as varied)' 'Earliest release on parole: 4/7/2005']