R v FORBES [2004] NSWSC 421

R v FORBES [2004] NSWSC 421

The offender was sentenced for two counts of manslaughter: (1) For the death of Ross Kimball, for consciously participating in a fight while knowing associates might use knives, resulting in a fatal injury, and (2) for Andrew Hullick, found guilty of manslaughter by excessive self-defence; although believing himself in danger, the offender's response (bringing/concealing a loaded firearm and firing excessively) was unreasonable. Grave aggravating features included commission of offences while on parole, minimal mitigation, lack of remorse, and poor prospects for rehabilitation. The sentences were made cumulative with overlapping non-parole periods for totality.

Jurisdiction
Australia
Judgment Date
07 May 2004
Procedural Posture
Criminal / Sentencing (remarks on Sentence After Conviction/plea)
Outcome
Convicted and sentenced
Legal Topics
['manslaughter' 'excessive Self Defence' 'sentencing' 'general Deterrence']
['criminal Law'] ['manslaughter' 'excessive Self Defence' 'sentencing' 'general Deterrence']

Case Brief

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Procedural Posture

Criminal / Sentencing (remarks on Sentence After Conviction/plea)

Legal Issues

  1. 1 ['Appropriate sentence for two offences of manslaughter, including one by excessive self-defence' 'Application of totality and non-parole principles in sentencing for multiple offences' 'Extent of mitigating and aggravating factors, including plea timing, parole status, antecedents']

Ratio Decidendi

The offender was sentenced for two counts of manslaughter: (1) For the death of Ross Kimball, for consciously participating in a fight while knowing associates might use knives, resulting in a fatal injury, and (2) for Andrew Hullick, found guilty of manslaughter by excessive self-defence; although believing himself in danger, the offender's response (bringing/concealing a loaded firearm and firing excessively) was unreasonable. Grave aggravating features included commission of offences while on parole, minimal mitigation, lack of remorse, and poor prospects for rehabilitation. The sentences were made cumulative with overlapping non-parole periods for totality.

Court Disposition

Convicted and sentenced

Orders

  • ['Imprisonment for 12 years (manslaughter of Kimball), non-parole period 9 years, commencing 29 May 2002' 'Imprisonment for 12 years (manslaughter of Hullick), non-parole period 8 years, commencing 29 May 2009' 'Non-parole periods to overlap by 2 years for totality. Eligibility for parole on 29 May 2017']