Regina v Grenenger [1999] NSWSC 380

Regina v Grenenger [1999] NSWSC 380

The unlawful killing was objectively grave because it involved a deliberate and substantially forceful blow with a bar stool during a public affray in licensed hotel premises, and the force used was not reasonably proportionate to the deceased's demonstrated behaviour. Although the prisoner's youth, good character, remorse, low risk of reoffending and other subjective circumstances were strong and amounted to special circumstances, proper vindication of the rule of law required full-time custody. A total sentence of penal servitude for 3 years, equally divided between a minimum term and an additional term, was appropriate.

Jurisdiction
Australia
Judgment Date
23 April 1999
Procedural Posture
Criminal Sentencing for Manslaughter / Sentence After Jury Verdict of Not Guilty of Murder But Guilty of Manslaughter
Outcome
The prisoner was convicted of manslaughter and sentenced to penal servitude for 3 years, comprising a minimum term of 18 months and an additional term of 18 months.
Legal Topics
['manslaughter' 'self Defence' 'objective Seriousness' 'subjective Mitigating Circumstances' 'special Circumstances' 'parole']
['criminal Law' 'sentencing'] ['manslaughter' 'self Defence' 'objective Seriousness' 'subjective Mitigating Circumstances' 'special Circumstances' 'parole']

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Procedural Posture

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

Legal Issues

  1. 1 ["What sentence should be imposed for the prisoner's manslaughter of Robert Lance Wirepo." "Whether the offence required a period of full-time custody despite the prisoner's strong subjective and personal circumstances." 'Whether special circumstances justified apportioning the aggregate sentence equally between the minimum term and the additional term.']

Ratio Decidendi

The unlawful killing was objectively grave because it involved a deliberate and substantially forceful blow with a bar stool during a public affray in licensed hotel premises, and the force used was not reasonably proportionate to the deceased's demonstrated behaviour. Although the prisoner's youth, good character, remorse, low risk of reoffending and other subjective circumstances were strong and amounted to special circumstances, proper vindication of the rule of law required full-time custody. A total sentence of penal servitude for 3 years, equally divided between a minimum term and an additional term, was appropriate.

Court Disposition

The prisoner was convicted of manslaughter and sentenced to penal servitude for 3 years, comprising a minimum term of 18 months and an additional term of 18 months.

Orders

  • ['The minimum term will commence on 17 March 1999 and expire on 16 September 2000.' 'The additional term will commence on 17 September 2000.' 'Pursuant to section 24(1) of the Sentencing Act 1989, the prisoner is to be released to parole at the expiration of the minimum term.']