R v Russell [2023] NSWSC 90

R v Russell [2023] NSWSC 90

The Court found, consistently with the verdict, that the offender believed it was necessary to defend himself after Mr Roach struck him with a hatchet and entered his apartment armed with a hatchet and rake, but that the offender's response of hitting Mr Roach four times while holding a knife was excessive. The Court was not satisfied beyond reasonable doubt that the offender intended to kill Mr Roach, but accepted he intended to cause injury. The objective seriousness was below the middle of the range because the force was excessive but not significantly disproportionate in the perceived circumstances. After taking account of the offender's criminal history, reduced moral culpability to...

Jurisdiction
Australia
Judgment Date
15 February 2023
Procedural Posture
Sentence / Sentencing After Jury Verdict of Not Guilty of Murder But Guilty of Manslaughter in Respect of Damien Leigh Roach, and Not Guilty in Respect of Leah Mumbulla
Outcome
The offender was sentenced for manslaughter to imprisonment for 6 years and 6 months, with a non-parole period of 4 years and 5 months.
Legal Topics
['manslaughter' 'self Defence' 'excessive Self Defence' 'excessive Force' 'objective Seriousness' 'plea Discount' 'special Circumstances' 'aboriginal Disadvantage' 'remorse' 'rehabilitation']
['criminal Law' 'sentencing'] ['manslaughter' 'self Defence' 'excessive Self Defence' 'excessive Force' 'objective Seriousness' 'plea Discount' 'special Circumstances' 'aboriginal Disadvantage' 'remorse' 'rehabilitation']

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

Sentence / Sentencing After Jury Verdict of Not Guilty of Murder But Guilty of Manslaughter in Respect of Damien Leigh Roach, and Not Guilty in Respect of Leah Mumbulla

Legal Issues

  1. 1 ["What findings of fact should be made for sentencing consistently with the jury's verdicts." "Whether Mr Roach was stabbed downstairs after the offender armed himself and went to confront him, or inside the offender's apartment after Mr Roach struck and entered armed with weapons." 'Whether the offender intended to kill Mr Roach or intended to cause injury.' 'How serious the manslaughter by excessive self-defence was, including the extent to which the force used departed from a reasonable response.' 'Whether psychological or psychiatric conditions caused or contributed to the offending.' "The effect of the offender's subjective circumstances, criminal history, Aboriginal disadvantage, remorse, rehabilitation prospects, special circumstances and early offer to plead guilty to manslaughter."]

Ratio Decidendi

The Court found, consistently with the verdict, that the offender believed it was necessary to defend himself after Mr Roach struck him with a hatchet and entered his apartment armed with a hatchet and rake, but that the offender's response of hitting Mr Roach four times while holding a knife was excessive. The Court was not satisfied beyond reasonable doubt that the offender intended to kill Mr Roach, but accepted he intended to cause injury. The objective seriousness was below the middle of the range because the force was excessive but not significantly disproportionate in the perceived circumstances. After taking account of the offender's criminal history, reduced moral culpability to...

Court Disposition

The offender was sentenced for manslaughter to imprisonment for 6 years and 6 months, with a non-parole period of 4 years and 5 months.

Orders

  • ['Eric George Russell, for the offence of manslaughter, is sentenced to imprisonment consisting of a non-parole period of 4 years and 5 months with a balance of term of 2 years and 1 month.' 'The sentence commences on 17 December 2019 and expires on 16 June 2026.' 'The non-parole period expires on 16 May 2024, when...