R v Holmes (No 7) [2021] NSWSC 570

R v Holmes (No 7) [2021] NSWSC 570

The offender was to be sentenced for manslaughter by unlawful and dangerous act. The Crown did not prove intent to inflict grievous bodily harm beyond reasonable doubt, but did prove that there was no reasonable possibility that the offender believed the punch was necessary for self-defence. The offending fell somewhat short of the mid-range of manslaughter seriousness, with some elevation from public violence and further punches, but reduced moral culpability because the victim had a part in initiating the confrontations. The offender's prior good character, remorse, low risk of reoffending and excellent prospects of rehabilitation were significant. The offender was entitled to a 25...

Jurisdiction
Australia
Judgment Date
21 May 2021
Procedural Posture
Criminal Sentencing for Manslaughter / Sentence After Guilty Plea to Manslaughter and Acquittal of Murder
Outcome
The offender was convicted on his plea of guilty to the manslaughter of Chad Hadden and sentenced to imprisonment with a non-parole period and additional term.
Legal Topics
['manslaughter' 'guilty Plea Discount' 'unlawful and Dangerous Act Manslaughter' 'objective Seriousness' 'statutory Construction' 'non Parole Period']
['criminal Law' 'sentencing'] ['manslaughter' 'guilty Plea Discount' 'unlawful and Dangerous Act Manslaughter' 'objective Seriousness' 'statutory Construction' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentencing for Manslaughter / Sentence After Guilty Plea to Manslaughter and Acquittal of Murder

Legal Issues

  1. 1 ["Whether the offender's manslaughter was to be approached as manslaughter by unlawful and dangerous act or excessive self-defence." 'Whether the Crown proved beyond reasonable doubt that the offender had the actual specific intent to inflict grievous bodily harm when he punched the victim.' 'Whether the Crown proved beyond reasonable doubt that there was no reasonable possibility that the offender punched the victim because he believed his actions were necessary to defend himself.' "What discount should be applied for the offender's offer to plead guilty to manslaughter where the offer was made before committal but not formally entered until arraignment." "Whether manslaughter specified only as an alternative to murder was a 'different offence' for the purposes of s 25E of the Crimes (Sentencing Procedure) Act 1999 (NSW)." 'What sentence, non-parole period and additional term should be imposed for the manslaughter of Chad Hadden.']

Ratio Decidendi

The offender was to be sentenced for manslaughter by unlawful and dangerous act. The Crown did not prove intent to inflict grievous bodily harm beyond reasonable doubt, but did prove that there was no reasonable possibility that the offender believed the punch was necessary for self-defence. The offending fell somewhat short of the mid-range of manslaughter seriousness, with some elevation from public violence and further punches, but reduced moral culpability because the victim had a part in initiating the confrontations. The offender's prior good character, remorse, low risk of reoffending and excellent prospects of rehabilitation were significant. The offender was entitled to a 25...

Court Disposition

The offender was convicted on his plea of guilty to the manslaughter of Chad Hadden and sentenced to imprisonment with a non-parole period and additional term.

Orders

  • ['On the charge of manslaughter, the offender is sentenced to a term of imprisonment having a non-parole period of 4 years and 3 months commencing on 5 March 2019 and expiring on 4 June 2023 with an additional term of 1 year and 6 months expiring on 4 December 2024.' 'The offender will be first eligible for release...