R v Bryant [1999] NSWCCA 181

R v Bryant [1999] NSWCCA 181

The sentencing judge's reference to the applicant's act as deliberate and voluntary was not inconsistent with the jury's verdict of not guilty of murder, because it did not necessarily imply an intention to inflict grievous bodily harm and was more likely a reference to acts involving the knife rather than the precise penetration of the lung. Although the sentence was high and towards the top of the range for manslaughter, it remained within the permissible range of sentencing discretion having regard to the objective seriousness of the vicious knife attack and the circumstances of the offender.

Jurisdiction
Australia
Judgment Date
29 June 1999
Procedural Posture
Criminal Sentencing Appeal Against Severity of Sentence for Manslaughter / Application for Leave to Appeal and Appeal in the Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['manslaughter' 'sentence Inconsistent With Jury Findings' 'manifestly Excessive Sentence' 'unlawful and Dangerous Act Manslaughter' 'de Simoni Principle' 'special Circumstances']
['criminal Law' 'sentencing'] ['manslaughter' 'sentence Inconsistent With Jury Findings' 'manifestly Excessive Sentence' 'unlawful and Dangerous Act Manslaughter' 'de Simoni Principle' 'special Circumstances']

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Procedural Posture

Criminal Sentencing Appeal Against Severity of Sentence for Manslaughter / Application for Leave to Appeal and Appeal in the Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether the sentencing judge sentenced the applicant on a basis inconsistent with the jury's verdict of not guilty of murder but guilty of manslaughter." 'Whether the sentence of ten years, comprising a minimum term of six and a half years and an additional term of three and a half years, was manifestly excessive.']

Ratio Decidendi

The sentencing judge's reference to the applicant's act as deliberate and voluntary was not inconsistent with the jury's verdict of not guilty of murder, because it did not necessarily imply an intention to inflict grievous bodily harm and was more likely a reference to acts involving the knife rather than the precise penetration of the lung. Although the sentence was high and towards the top of the range for manslaughter, it remained within the permissible range of sentencing discretion having regard to the objective seriousness of the vicious knife attack and the circumstances of the offender.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']