R v Rae (No 2) [2024] NSWSC 713

R v Rae (No 2) [2024] NSWSC 713

Having regard to the objective seriousness of the offender’s conduct, including the possession and production of a loaded firearm during a confrontation which escalated to a physical struggle and an accidental shooting, as well as to the subjective circumstances such as the offender’s deprived childhood, untreated bipolar disorder, drug addiction, genuine remorse, and strong indications of institutionalisation, a lengthy custodial sentence is warranted but with reduced moral culpability. The totality principle and special circumstances justify effective concurrency and a proportionate non-parole period. The offender is sentenced to 9 years' imprisonment for manslaughter, with a non-parole...

Jurisdiction
Australia
Judgment Date
13 June 2024
Procedural Posture
Criminal / Sentencing
Outcome
Conviction and custodial sentence imposed
Legal Topics
['manslaughter' 'sentencing' 'unlawful and Dangerous Act' 'firearms Offences' 'totality Principle' 'moral Culpability' 'remorse' 'criminal History' 'parole' 'special Circumstances']
['criminal Law'] ['manslaughter' 'sentencing' 'unlawful and Dangerous Act' 'firearms Offences' 'totality Principle' 'moral Culpability' 'remorse' 'criminal History' 'parole' 'special Circumstances']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['What is the appropriate sentence for the offender for manslaughter by unlawful and dangerous act, having regard to objective and subjective factors, including moral culpability, criminal history, mental health, and prospects for rehabilitation?' "How do the offender's circumstances—including offending while on parole, extensive criminal history, difficult childhood, mental health issues, and remorse—impact the sentence to be imposed?"]

Ratio Decidendi

Having regard to the objective seriousness of the offender’s conduct, including the possession and production of a loaded firearm during a confrontation which escalated to a physical struggle and an accidental shooting, as well as to the subjective circumstances such as the offender’s deprived childhood, untreated bipolar disorder, drug addiction, genuine remorse, and strong indications of institutionalisation, a lengthy custodial sentence is warranted but with reduced moral culpability. The totality principle and special circumstances justify effective concurrency and a proportionate non-parole period. The offender is sentenced to 9 years' imprisonment for manslaughter, with a non-parole...

Court Disposition

Conviction and custodial sentence imposed

Orders

  • ['Imprisonment for a term of 9 years commencing on 1 August 2023 and expiring on 31 July 2032.' 'A non-parole period of 5 years and 9 months commencing on 1 August 2023 and expiring on 30 April 2029. The offender will be eligible for parole on 30 April 2029.' 'The effective head sentence is 11 years from 1 August...