R v Becker [2019] NSWSC 1205

R v Becker [2019] NSWSC 1205

The offender was sentenced for manslaughter because, although the physical and mental elements for murder were established, his culpability was reduced by excessive self-defence. The Court was not satisfied beyond reasonable doubt that he intended to kill, but found it inescapable that firing a high calibre revolver from intermediate range at another human being involved an intention to cause grievous harm. The offence was of significant gravity because the offender unlawfully possessed and produced a loaded deadly weapon in a public place while grossly intoxicated by amphetamines and involved in drug dealing, and fired first when other means of protection were available. The early guilty...

Jurisdiction
Australia
Judgment Date
11 September 2019
Procedural Posture
Criminal Sentence for Manslaughter / Committed for Sentence After an Early Plea of Guilty in the Local Court to Manslaughter on the Basis of Excessive Self Defence
Outcome
Convicted of manslaughter and sentenced to imprisonment for 9 years 9 months with a non-parole period of 7 years 3 months, fully backdated to 27 June 2017.
Legal Topics
['manslaughter' 'excessive Self Defence' 'plea of Guilty' 'non Parole Period' 'objective Seriousness' 'remorse' 'drug Dependence' 'parole']
['criminal Law' 'sentencing'] ['manslaughter' 'excessive Self Defence' 'plea of Guilty' 'non Parole Period' 'objective Seriousness' 'remorse' 'drug Dependence' 'parole']

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

Criminal Sentence for Manslaughter / Committed for Sentence After an Early Plea of Guilty in the Local Court to Manslaughter on the Basis of Excessive Self Defence

Legal Issues

  1. 1 ['What sentence should be imposed for manslaughter where the offender relied on excessive self-defence' 'Whether the offender intended to kill or to inflict grievous bodily harm' 'How the objective seriousness of the offending should be assessed' 'Whether the offender had established remorse beyond the plea of guilty' 'What discount should be given for the early plea of guilty']

Ratio Decidendi

The offender was sentenced for manslaughter because, although the physical and mental elements for murder were established, his culpability was reduced by excessive self-defence. The Court was not satisfied beyond reasonable doubt that he intended to kill, but found it inescapable that firing a high calibre revolver from intermediate range at another human being involved an intention to cause grievous harm. The offence was of significant gravity because the offender unlawfully possessed and produced a loaded deadly weapon in a public place while grossly intoxicated by amphetamines and involved in drug dealing, and fired first when other means of protection were available. The early guilty...

Court Disposition

Convicted of manslaughter and sentenced to imprisonment for 9 years 9 months with a non-parole period of 7 years 3 months, fully backdated to 27 June 2017.

Orders

  • ['Convicted of manslaughter.' 'I impose a non-parole period of 7 years 3 months, to commence on 27 June 2017.' 'That will be followed by a parole period of 2 years 6 months, to commence on 27 September 2024 and expire on 26 March 2027.' 'To express my sentence another way, I have imposed a head sentence of...