R v KING [2007] NSWSC 1134

R v KING [2007] NSWSC 1134

The offender, though acting under a perceived threat to family and self, responded with excessive force not justified as self-defence. The circumstances—including his youth, lack of prior convictions, genuine remorse, plea of guilty, and strong rehabilitation prospects—direct the sentence to the lower end of the scale for manslaughter, warranting a non-parole period of 22 months with a balance of term of 26 months, backdated to reflect time already served.

Jurisdiction
Australia
Judgment Date
12 October 2007
Procedural Posture
Criminal / Sentencing
Outcome
Non-parole period of 22 months with a balance of term of 26 months, sentence backdated to commence 24 October 2005.
Legal Topics
['manslaughter' 'sentencing' 'excessive Self Defence']
['criminal Law'] ['manslaughter' 'sentencing' 'excessive Self Defence']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for manslaughter by excessive self-defence' 'Application of statutory sentencing factors under Crimes (Sentencing Procedure) Act 1999']

Ratio Decidendi

The offender, though acting under a perceived threat to family and self, responded with excessive force not justified as self-defence. The circumstances—including his youth, lack of prior convictions, genuine remorse, plea of guilty, and strong rehabilitation prospects—direct the sentence to the lower end of the scale for manslaughter, warranting a non-parole period of 22 months with a balance of term of 26 months, backdated to reflect time already served.

Court Disposition

Non-parole period of 22 months with a balance of term of 26 months, sentence backdated to commence 24 October 2005.

Orders

  • ['Term of imprisonment imposed: total 48 months (22 months non-parole; 26 months balance)' 'Sentence to be backdated to commence on 24 October 2005.']