R v Bean [2022] NSWSC 783

R v Bean [2022] NSWSC 783

The offender was sentenced for manslaughter on the agreed basis of self-defence with excessive force. The Court was not satisfied beyond reasonable doubt that he intended to kill Mr Boardman, but found that he must have intended to cause grievous bodily harm. His conduct was unreasonable and excessive, but not grossly disproportionate in the perceived circumstances, including Mr Boardman having just driven at him, the history of threats, and the offender's belief that Mr Boardman was reaching for a gun. Complex PTSD materially contributed to the offending, reducing moral culpability and the weight of denunciation, general deterrence and specific deterrence, and making custody more...

Jurisdiction
Australia
Judgment Date
16 June 2022
Procedural Posture
Sentence for Manslaughter / Sentencing After Guilty Plea to Manslaughter Accepted in Full Satisfaction of Indictment
Outcome
The offender was sentenced to imprisonment for 6 years with a non-parole period of 4 years.
Legal Topics
['manslaughter' 'self Defence With Excessive Force' 'early Guilty Plea' 'special Circumstances' 'mental Health and Sentencing']
['criminal Law' 'sentencing'] ['manslaughter' 'self Defence With Excessive Force' 'early Guilty Plea' 'special Circumstances' 'mental Health and Sentencing']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Sentence for Manslaughter / Sentencing After Guilty Plea to Manslaughter Accepted in Full Satisfaction of Indictment

Legal Issues

  1. 1 ['Whether the offender intended to kill Mr Boardman or intended to inflict grievous bodily harm' "The degree to which the offender's conduct was unreasonable in the circumstances as he perceived them" "The effect of the offender's complex PTSD on moral culpability, objective seriousness, deterrence and custody" 'Whether special circumstances justified a longer parole period' 'The appropriate discount for the early guilty plea']

Ratio Decidendi

The offender was sentenced for manslaughter on the agreed basis of self-defence with excessive force. The Court was not satisfied beyond reasonable doubt that he intended to kill Mr Boardman, but found that he must have intended to cause grievous bodily harm. His conduct was unreasonable and excessive, but not grossly disproportionate in the perceived circumstances, including Mr Boardman having just driven at him, the history of threats, and the offender's belief that Mr Boardman was reaching for a gun. Complex PTSD materially contributed to the offending, reducing moral culpability and the weight of denunciation, general deterrence and specific deterrence, and making custody more...

Court Disposition

The offender was sentenced to imprisonment for 6 years with a non-parole period of 4 years.

Orders

  • ['For the offence of manslaughter, Hohepa Paetai Bean is sentenced to a term of imprisonment of 6 years commencing on 31 October 2018 and ending on 30 October 2024.' 'The non-parole period is 4 years, expiring on 30 October 2022, being the date upon which the offender will become eligible for parole.' "The...