R v ABBAS [2009] NSWSC 127

R v ABBAS [2009] NSWSC 127

The offender's culpability was at the lower end of the manslaughter spectrum because the confrontation was initiated by the deceased, the offender and his companion did not provoke it, the offender initially sought to avoid it, he genuinely but excessively believed he needed to protect Mr Saade, and his abusive background made him prone to high arousal in response to threats. However, the offence remained serious because he deliberately obtained and used a knife in circumstances that did not warrant such a response and inflicted four stab wounds. Taking account of remorse, strong rehabilitation prospects, low risk of reoffending, the guilty plea with a 20% discount, and special...

Jurisdiction
Australia
Judgment Date
06 March 2009
Procedural Posture
Criminal Sentence / Reasons for Sentence After Plea of Guilty to Manslaughter Accepted in Full Discharge of Indictment for Murder
Outcome
Sentenced for manslaughter to imprisonment for a total term of six years and nine months, with a non-parole period of three years and nine months.
Legal Topics
['manslaughter' 'excessive Self Defence' 'use of Weapon as Aggravating Factor' 'guilty Plea Discount' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing'] ['manslaughter' 'excessive Self Defence' 'use of Weapon as Aggravating Factor' 'guilty Plea Discount' 'special Circumstances' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentence / Reasons for Sentence After Plea of Guilty to Manslaughter Accepted in Full Discharge of Indictment for Murder

Legal Issues

  1. 1 ['What sentence should be imposed for manslaughter based on excessive defence of another after a plea of guilty was accepted in full discharge of a murder indictment.' 'Whether the use of a knife and the presence of a child under 18 years of age were aggravating factors under s 21A of the Crimes (Sentencing Procedure) Act 1999.' "What mitigating effect should be given to the victim initiating the confrontation, the offender's belief that he needed to protect his friend, remorse, prospects of rehabilitation, and the plea of guilty." 'Whether special circumstances justified departure from the statutory nexus between the non-parole period and the total term of imprisonment.']

Ratio Decidendi

The offender's culpability was at the lower end of the manslaughter spectrum because the confrontation was initiated by the deceased, the offender and his companion did not provoke it, the offender initially sought to avoid it, he genuinely but excessively believed he needed to protect Mr Saade, and his abusive background made him prone to high arousal in response to threats. However, the offence remained serious because he deliberately obtained and used a knife in circumstances that did not warrant such a response and inflicted four stab wounds. Taking account of remorse, strong rehabilitation prospects, low risk of reoffending, the guilty plea with a 20% discount, and special...

Court Disposition

Sentenced for manslaughter to imprisonment for a total term of six years and nine months, with a non-parole period of three years and nine months.

Orders

  • ['The offender is sentenced to a non-parole period of three years and nine months commencing on 11 December 2006 and expiring on 10 September 2010.' 'The offender is sentenced to an additional term of three years commencing on 11 September 2010 and expiring on 10 September 2013.' 'The total sentence is six years and...