R v Michael JACKSON [2009] NSWSC 168

R v Michael JACKSON [2009] NSWSC 168

The offender's participation in an armed robbery in which he appreciated that a weapon might be used to inflict injury made him criminally responsible for manslaughter when his co-offender killed the victim. The offence was serious, particularly because it involved robbery of vulnerable restaurant workers and was committed while the offender was on parole. Mitigating factors included his guilty plea, derivative criminality, remorse, background, and that he was not the killer. Within the perceived range for manslaughter, a starting point of 9.5 years, reduced by about 15 per cent for the plea, produced a total term of about 8 years, with the sentence back-dated on totality grounds.

Jurisdiction
Australia
Judgment Date
27 March 2009
Procedural Posture
Criminal Law Sentence Manslaughter / Remarks on Sentence After Guilty Plea
Outcome
The offender was sentenced to imprisonment with a non-parole period of 5.5 years and a balance of term of 2.5 years.
Legal Topics
['manslaughter' 'armed Robbery' 'unlawful and Dangerous Act Manslaughter' 'guilty Plea Discount' 'parole' 'totality Principle']
['criminal Law' 'sentencing'] ['manslaughter' 'armed Robbery' 'unlawful and Dangerous Act Manslaughter' 'guilty Plea Discount' 'parole' 'totality Principle']

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Procedural Posture

Criminal Law Sentence Manslaughter / Remarks on Sentence After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for manslaughter arising from a death during an armed robbery where the offender was not the killer.' 'The effect of the offender being on parole at the time of the offence.' 'Whether the sentence should be back-dated in light of other sentences and the totality principle.' "The appropriate discount for the offender's guilty plea."]

Ratio Decidendi

The offender's participation in an armed robbery in which he appreciated that a weapon might be used to inflict injury made him criminally responsible for manslaughter when his co-offender killed the victim. The offence was serious, particularly because it involved robbery of vulnerable restaurant workers and was committed while the offender was on parole. Mitigating factors included his guilty plea, derivative criminality, remorse, background, and that he was not the killer. Within the perceived range for manslaughter, a starting point of 9.5 years, reduced by about 15 per cent for the plea, produced a total term of about 8 years, with the sentence back-dated on totality grounds.

Court Disposition

The offender was sentenced to imprisonment with a non-parole period of 5.5 years and a balance of term of 2.5 years.

Orders

  • ['The offender is sentenced to a term of imprisonment consisting of a non-parole period of 5½ years to date from 31 October 2007 with a balance of term of 2½ years from 1 May 2013.' 'The offender is eligible to be released to parole on 30 April 2013.']