R v Rossi-Murray [2019] NSWSC 482

R v Rossi-Murray [2019] NSWSC 482

The offender's deliberate knife assault caused an unlawful and dangerous killing, but the jury verdict meant he did not intend to kill or cause grievous bodily harm. The offence was above the mid-range of objective seriousness because it involved a knife and was committed while the offender was on conditional liberty, but it was not in the worst category of manslaughter. Strong subjective circumstances, genuine remorse, an early offer to plead guilty to manslaughter, utilitarian value in the confined trial, and the need for long supervised rehabilitation justified a 15% discount, special circumstances, and a sentence of 11 years with a non-parole period of 7 years and 4 months commencing...

Jurisdiction
Australia
Judgment Date
02 May 2019
Procedural Posture
Criminal Sentence for Manslaughter / Sentence After Jury Convicted the Offender of Manslaughter on a Trial for Murder
Outcome
Convicted of manslaughter and sentenced to imprisonment for a non-parole period of 7 years and 4 months with a balance of term of 3 years and 8 months.
Legal Topics
['manslaughter' 'unlawful and Dangerous Act' 'objective Seriousness' 'subjective Circumstances' 'aboriginal Offender' 'social Exclusion' 'remorse' 'offer to Plead Guilty' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing'] ['manslaughter' 'unlawful and Dangerous Act' 'objective Seriousness' 'subjective Circumstances' 'aboriginal Offender' 'social Exclusion' 'remorse' 'offer to Plead Guilty' 'special Circumstances' 'non Parole Period']

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Procedural Posture

Criminal Sentence for Manslaughter / Sentence After Jury Convicted the Offender of Manslaughter on a Trial for Murder

Legal Issues

  1. 1 ['What facts consistent with the jury verdict should found the sentence for manslaughter.' 'The objective seriousness of the manslaughter offence, including the deliberate use of a knife and the offender being on conditional liberty.' "The relevance of the offender's subjective circumstances, including Aboriginal descent, early exposure to violence, drug use, social exclusion, remorse, criminal history and prospects of rehabilitation." "The weight to be given to the offender's early offer to plead guilty to manslaughter and the utilitarian value of the confined trial." 'Whether special circumstances justified an extended parole period and a reduced statutory proportion between the non-parole period and balance of term.' 'The appropriate commencement date of the sentence having regard to parole revocation and totality.']

Ratio Decidendi

The offender's deliberate knife assault caused an unlawful and dangerous killing, but the jury verdict meant he did not intend to kill or cause grievous bodily harm. The offence was above the mid-range of objective seriousness because it involved a knife and was committed while the offender was on conditional liberty, but it was not in the worst category of manslaughter. Strong subjective circumstances, genuine remorse, an early offer to plead guilty to manslaughter, utilitarian value in the confined trial, and the need for long supervised rehabilitation justified a 15% discount, special circumstances, and a sentence of 11 years with a non-parole period of 7 years and 4 months commencing...

Court Disposition

Convicted of manslaughter and sentenced to imprisonment for a non-parole period of 7 years and 4 months with a balance of term of 3 years and 8 months.

Orders

  • ['The offender is convicted of manslaughter in that he did unlawfully kill Matthew Shepherd, which offence is recorded.' 'The offender is sentenced to a non-parole period of seven years and four months, commencing 2 July 2017 and concluding 1 November 2024, with the remainder of the term of three years and eight...