R v Allan [2021] NSWDC 560

R v Allan [2021] NSWDC 560

The offender was criminally responsible for manslaughter on the basis of excessive self-defence because, although he believed it was necessary to defend himself, it was not reasonable in the circumstances as he perceived them to stab Mr Oldfield in the chest after he had disarmed him. The offence was below midrange but not at or toward the bottom of the range, with no additional aggravating factors. Taking account of the offender's subjective circumstances, criminal history, genuine remorse, early guilty plea and the continuing relevance of deterrence and rehabilitation, only full-time imprisonment was appropriate, with no variation of the statutory ratio.

Jurisdiction
Australia
Judgment Date
31 May 2021
Procedural Posture
Criminal Sentence / Sentence After Plea of Guilty
Outcome
Term of imprisonment of 3 years 6 months with a non-parole period of 2 years 7 months.
Legal Topics
['manslaughter' 'excessive Self Defence' 'guilty Plea' 'objective Seriousness' 'remorse' 'general Deterrence' 'specific Deterrence' 'non Parole Period']
['criminal Law' 'sentencing'] ['manslaughter' 'excessive Self Defence' 'guilty Plea' 'objective Seriousness' 'remorse' 'general Deterrence' 'specific Deterrence' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence After Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for manslaughter on the basis of excessive self-defence.' 'Whether the offender was genuinely remorseful despite not giving evidence directly in the sentence proceedings.' 'Whether the statutory ratio should be varied to facilitate rehabilitation.']

Ratio Decidendi

The offender was criminally responsible for manslaughter on the basis of excessive self-defence because, although he believed it was necessary to defend himself, it was not reasonable in the circumstances as he perceived them to stab Mr Oldfield in the chest after he had disarmed him. The offence was below midrange but not at or toward the bottom of the range, with no additional aggravating factors. Taking account of the offender's subjective circumstances, criminal history, genuine remorse, early guilty plea and the continuing relevance of deterrence and rehabilitation, only full-time imprisonment was appropriate, with no variation of the statutory ratio.

Court Disposition

Term of imprisonment of 3 years 6 months with a non-parole period of 2 years 7 months.

Orders

  • ['The sentence is backdated to commence on 13 January 2020, the date of arrest.' 'The term of the sentence is 3 years and 6 months after a 25% discount for the guilty plea.' 'The non-parole period is 2 years and 7 months dating from 13 January 2020 and expiring on 12 August 2022.' 'The balance of the term is 11...