R v Hunter (No 15) [2014] NSWSC 1456

R v Hunter (No 15) [2014] NSWSC 1456

The offender was sentenced for manslaughter on the basis that he was present at the scene and part of a joint criminal enterprise to inflict a bashing on the deceased, without intent to kill or inflict really serious physical injury, but that he was beyond reasonable doubt the moving party in a planned revenge attack using weapons in the deceased's home. The offence was very grave, and the offender's lack of remorse, lengthy record for violence and breach of conditional liberty aggravated sentence. His grossly deprived upbringing, Aboriginal background, limited provocation and limited cognitive impairment from head blows were mitigating, but did not justify a non-parole period of time...

Jurisdiction
Australia
Judgment Date
24 October 2014
Procedural Posture
Criminal Sentencing for Manslaughter / Remarks on Sentence After Jury Verdict of Not Guilty of Murder But Guilty of Manslaughter
Outcome
Convicted of manslaughter and sentenced to imprisonment for 8 years, comprising a non-parole period of 6 years followed by a parole period of 2 years.
Legal Topics
['manslaughter' 'objective Seriousness' 'joint Criminal Enterprise' 'aggravating and Mitigating Factors' 'aboriginal Offender and Deprived Upbringing' 'victim Impact Statements' 'non Parole Period']
['criminal Law' 'sentencing'] ['manslaughter' 'objective Seriousness' 'joint Criminal Enterprise' 'aggravating and Mitigating Factors' 'aboriginal Offender and Deprived Upbringing' 'victim Impact Statements' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentencing for Manslaughter / Remarks on Sentence After Jury Verdict of Not Guilty of Murder But Guilty of Manslaughter

Legal Issues

  1. 1 ["What facts should be found consistently with the jury's verdict for the purposes of sentencing the offender for manslaughter." 'Whether the offender was the moving party in the fatal attack upon the deceased.' 'The objective seriousness of the manslaughter offence.' 'The extent to which provocation, cognitive impairment from head blows, deprived upbringing and Aboriginal background mitigated sentence.' 'Whether special circumstances justified a reduction in the statutory ratio between the non-parole period and head sentence.']

Ratio Decidendi

The offender was sentenced for manslaughter on the basis that he was present at the scene and part of a joint criminal enterprise to inflict a bashing on the deceased, without intent to kill or inflict really serious physical injury, but that he was beyond reasonable doubt the moving party in a planned revenge attack using weapons in the deceased's home. The offence was very grave, and the offender's lack of remorse, lengthy record for violence and breach of conditional liberty aggravated sentence. His grossly deprived upbringing, Aboriginal background, limited provocation and limited cognitive impairment from head blows were mitigating, but did not justify a non-parole period of time...

Court Disposition

Convicted of manslaughter and sentenced to imprisonment for 8 years, comprising a non-parole period of 6 years followed by a parole period of 2 years.

Orders

  • ['Paul Andrew Hunter is convicted of manslaughter.' 'The offender is sentenced to a non-parole period of 6 years, to date from 22 June 2011.' 'There will be a parole period of 2 years that expires on 21 June 2019.' 'The first date upon which the offender will be eligible for release to parole is 21 June 2017.' 'The...