R v Williams [2012] NSWSC 520

R v Williams [2012] NSWSC 520

The offender's manslaughter was serious because he armed himself with a baseball bat, confronted another man, and impulsively struck an innocent bystander to the head, causing death. General deterrence was important, notwithstanding that the blow was impulsive and uncharacteristic. The offender's remorse, good prospects of rehabilitation, family support, employment history and guilty plea mitigated sentence. A 15% discount reduced the otherwise appropriate 7-year sentence to 6 years, and special circumstances justified a non-parole period of 3 years and 9 months to allow an extended period of supervised conditional liberty.

Jurisdiction
Australia
Judgment Date
18 May 2012
Procedural Posture
Criminal Sentencing for Manslaughter / Remarks on Sentence After Guilty Plea to Manslaughter Accepted by the Crown in Satisfaction of an Indictment for Murder
Outcome
The offender was sentenced to imprisonment for 6 years with a non-parole period of 3 years and 9 months, commencing on 23 October 2009.
Legal Topics
['manslaughter' 'unlawful and Dangerous Act' 'spontaneous Violence' 'baseball Bat Assault' 'guilty Plea Discount' 'non Parole Period' 'special Circumstances' 'general Deterrence' 'rehabilitation']
['criminal Law' 'sentencing'] ['manslaughter' 'unlawful and Dangerous Act' 'spontaneous Violence' 'baseball Bat Assault' 'guilty Plea Discount' 'non Parole Period' 'special Circumstances' 'general Deterrence' 'rehabilitation']

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Procedural Posture

Criminal Sentencing for Manslaughter / Remarks on Sentence After Guilty Plea to Manslaughter Accepted by the Crown in Satisfaction of an Indictment for Murder

Legal Issues

  1. 1 ['What sentence should be imposed for manslaughter committed by striking the deceased to the head with a baseball bat.' "What weight should be given to the offender's guilty plea, remorse, prospects of rehabilitation, substance use, prior criminal history and the need for deterrence." 'Whether special circumstances justified a departure from the statutory proportion between the sentence and the non-parole period.']

Ratio Decidendi

The offender's manslaughter was serious because he armed himself with a baseball bat, confronted another man, and impulsively struck an innocent bystander to the head, causing death. General deterrence was important, notwithstanding that the blow was impulsive and uncharacteristic. The offender's remorse, good prospects of rehabilitation, family support, employment history and guilty plea mitigated sentence. A 15% discount reduced the otherwise appropriate 7-year sentence to 6 years, and special circumstances justified a non-parole period of 3 years and 9 months to allow an extended period of supervised conditional liberty.

Court Disposition

The offender was sentenced to imprisonment for 6 years with a non-parole period of 3 years and 9 months, commencing on 23 October 2009.

Orders

  • ['For the offence of manslaughter, Shain Richard Williams is sentenced to a non-parole period of 3 years and 9 months, commencing on 23 October 2009 and expiring on 22 July 2013.' 'The balance of term is 2 years and 3 months, commencing on 23 July 2013 and expiring on 22 October 2015.']