R v HANSELL [2007] NSWSC 1136

R v HANSELL [2007] NSWSC 1136

The offender, believing necessary self-defence but using excessive force and exhibiting significant recklessness, is convicted of manslaughter at the lower end of the spectrum; sentence reflects both objective seriousness and subjective mitigation (good character, remorse).

Jurisdiction
Australia
Judgment Date
12 October 2007
Procedural Posture
Criminal / Sentencing
Outcome
Guilty plea to manslaughter accepted; offender sentenced.
Legal Topics
['manslaughter' 'excessive Self Defence' 'sentencing' 'recklessness']
['criminal Law'] ['manslaughter' 'excessive Self Defence' 'sentencing' 'recklessness']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ["Whether the offender's conduct amounted to manslaughter via excessive self-defence" 'Appropriate sentence for manslaughter with significant degree of recklessness']

Ratio Decidendi

The offender, believing necessary self-defence but using excessive force and exhibiting significant recklessness, is convicted of manslaughter at the lower end of the spectrum; sentence reflects both objective seriousness and subjective mitigation (good character, remorse).

Court Disposition

Guilty plea to manslaughter accepted; offender sentenced.

Orders

  • ['Shayne William Hansell sentenced to a non parole period of 2 years from 12 October 2007 to expire 11 October 2009; additional term of 1 year and 4 months expiring 11 February 2011.' 'Eligible for release to parole on 12 October 2009.' '7 days pre-sentence custody taken into account in imposing sentence.']