R v Black (No 2) [2021] NSWSC 77

R v Black (No 2) [2021] NSWSC 77

The offender was sentenced for manslaughter on the basis that he acted in self-defence but used excessive force by forcing the knife into Mr King's body. The offending was below mid-range but not in the very low range: the offender instigated the confrontation and intended to inflict grievous bodily harm, though he did not intend to kill and had not brought the knife. His cognitive impairment did not have a proven causal link to the offending, but it reduced the weight given to general deterrence. His criminal history and being on parole were adverse, while remorse, some prospects of rehabilitation and special circumstances were accepted. Manslaughter was already an alternative charge and...

Jurisdiction
Australia
Judgment Date
12 February 2021
Procedural Posture
Criminal Sentencing for Manslaughter / Sentence After Guilty Plea Accepted in Full Satisfaction of Indictment
Outcome
The offender was convicted and sentenced to imprisonment for 6 years 9 months with a non-parole period of 4 years 4 months.
Legal Topics
['manslaughter' 'self Defence With Excessive Force' 'guilty Plea Discount' 'special Circumstances' 'cognitive Impairment' 'parole and Commencement of Sentence']
['criminal Law' 'sentencing'] ['manslaughter' 'self Defence With Excessive Force' 'guilty Plea Discount' 'special Circumstances' 'cognitive Impairment' 'parole and Commencement of Sentence']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentencing for Manslaughter / Sentence After Guilty Plea Accepted in Full Satisfaction of Indictment

Legal Issues

  1. 1 ["Whether the offender's manslaughter involved self-defence with excessive force and the objective seriousness of the offending" "Whether the offender's cognitive impairment reduced his moral culpability or affected deterrence" 'Whether the offender was entitled to a 25 per cent discount under s 25E of the Crimes (Sentencing Procedure) Act 1999 (NSW) or only a 10 per cent discount under s 25D(2)(b)' 'Whether special circumstances justified a longer period on parole' 'Whether the sentence should be backdated to allow concurrency with custody referable to parole revocation']

Ratio Decidendi

The offender was sentenced for manslaughter on the basis that he acted in self-defence but used excessive force by forcing the knife into Mr King's body. The offending was below mid-range but not in the very low range: the offender instigated the confrontation and intended to inflict grievous bodily harm, though he did not intend to kill and had not brought the knife. His cognitive impairment did not have a proven causal link to the offending, but it reduced the weight given to general deterrence. His criminal history and being on parole were adverse, while remorse, some prospects of rehabilitation and special circumstances were accepted. Manslaughter was already an alternative charge and...

Court Disposition

The offender was convicted and sentenced to imprisonment for 6 years 9 months with a non-parole period of 4 years 4 months.

Orders

  • ['For the offence of manslaughter, Benjamin John Black is sentenced to imprisonment with a non-parole period of 4 years 4 months and a balance of term of 2 years 5 months, making a total sentence of 6 years 9 months.' 'The sentence is to date from 7 July 2018.' 'The offender will become eligible for parole on 6...