R v Songcuan (No 3) [2023] NSWSC 183

R v Songcuan (No 3) [2023] NSWSC 183

The Court accepted the offender's account as at least reasonably possible and probably true, rejected the Crown's contention that he lured his wife into the garage, and found the facts more consistent with manslaughter by extreme provocation than excessive self-defence. The offender intentionally and feloniously killed his wife in a domestic violence context, requiring retribution and denunciation, but the offence was an isolated, spontaneous and uncharacteristic loss of control after cumulative and immediate provocative conduct by the victim. His advanced age, prior exemplary life, absence of criminal record, low risk of reoffending, good prospects of rehabilitation, COVID-related...

Jurisdiction
Australia
Judgment Date
03 March 2023
Procedural Posture
Sentence for Manslaughter / Sentencing After Jury Verdict of Not Guilty of Murder But Guilty of Manslaughter in Accordance With Plea
Outcome
The offender was sentenced to imprisonment for manslaughter with a non-parole period of 5 years and an additional term of 2 years and 6 months.
Legal Topics
['manslaughter' 'extreme Provocation' 'excessive Self Defence' 'domestic Violence' 'advanced Age in Sentencing' 'special Circumstances' 'non Parole Period' 'early Guilty Plea Discount']
['criminal Law' 'sentencing'] ['manslaughter' 'extreme Provocation' 'excessive Self Defence' 'domestic Violence' 'advanced Age in Sentencing' 'special Circumstances' 'non Parole Period' 'early Guilty Plea Discount']

Case Brief

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Procedural Posture

Sentence for Manslaughter / Sentencing After Jury Verdict of Not Guilty of Murder But Guilty of Manslaughter in Accordance With Plea

Legal Issues

  1. 1 ["What facts should be found for sentencing consistently with the jury's verdict of manslaughter." 'Whether the manslaughter was explained by excessive self-defence or extreme provocation.' "What objective seriousness attached to the manslaughter of the offender's wife in a domestic violence context." "How the offender's advanced age, prior exemplary character, prospects of rehabilitation, COVID-related custody hardship and early plea should affect sentence." 'Whether special circumstances justified reducing the statutory ratio between the non-parole period and the additional term.']

Ratio Decidendi

The Court accepted the offender's account as at least reasonably possible and probably true, rejected the Crown's contention that he lured his wife into the garage, and found the facts more consistent with manslaughter by extreme provocation than excessive self-defence. The offender intentionally and feloniously killed his wife in a domestic violence context, requiring retribution and denunciation, but the offence was an isolated, spontaneous and uncharacteristic loss of control after cumulative and immediate provocative conduct by the victim. His advanced age, prior exemplary life, absence of criminal record, low risk of reoffending, good prospects of rehabilitation, COVID-related...

Court Disposition

The offender was sentenced to imprisonment for manslaughter with a non-parole period of 5 years and an additional term of 2 years and 6 months.

Orders

  • ['Engracio Songcuan is sentenced to a term of imprisonment having a non-parole period of 5 years commencing on 2 May 2020 and expiring on 1 May 2025 with an additional term of 2 years and 6 months commencing on 2 May 2025 and expiring on 1 November 2027.' 'Engracio Songcuan will first be eligible for parole after...