R v Hawkins (No 12) [2020] NSWSC 1910

R v Hawkins (No 12) [2020] NSWSC 1910

The offender was to be sentenced for manslaughter on the basis of excessive self-defence. The Court accepted that he genuinely but mistakenly believed Mr Denniss was holding a gun and that shooting was necessary to defend himself, but his response in returning with a loaded firearm and firing it was disproportionate, though not grossly so. The offence was within the mid-range of seriousness for offences of this type. Aggravating factors included use of a shortened firearm, commission at the victim's home, disregard for public safety, and commission while on conditional liberty; grave risk of death to Taylah Lethbridge was not made out. Remorse and good prospects of rehabilitation were...

Jurisdiction
Australia
Judgment Date
23 December 2020
Procedural Posture
Sentence / Sentencing After Jury Verdict of Not Guilty of Murder But Guilty of Manslaughter
Outcome
For manslaughter, the offender was sentenced to imprisonment with a non-parole period of 5 years and an additional term of 2 years and 6 months.
Legal Topics
['manslaughter' 'excessive Self Defence' 'remorse' 'prospects of Rehabilitation' 'discount for Plea of Guilty' 'post Traumatic Stress Disorder' 'aggravating and Mitigating Factors' 'special Circumstances']
['criminal Law' 'sentencing'] ['manslaughter' 'excessive Self Defence' 'remorse' 'prospects of Rehabilitation' 'discount for Plea of Guilty' 'post Traumatic Stress Disorder' 'aggravating and Mitigating Factors' 'special Circumstances']

Case Brief

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Procedural Posture

Sentence / Sentencing After Jury Verdict of Not Guilty of Murder But Guilty of Manslaughter

Legal Issues

  1. 1 ['What facts consistent with the jury verdict should be found for sentencing the offender for manslaughter.' 'Whether the offender should be sentenced on the basis of excessive self-defence.' 'The objective seriousness of the manslaughter offence.' 'Whether aggravating factors under s 21A of the Crimes (Sentencing Procedure) Act 1999 (NSW) were established.' 'Whether mitigating factors including remorse and good prospects of rehabilitation were established.' "Whether the offender's PTSD reduced moral culpability and the significance of deterrence." 'Whether special circumstances justified a longer parole period.']

Ratio Decidendi

The offender was to be sentenced for manslaughter on the basis of excessive self-defence. The Court accepted that he genuinely but mistakenly believed Mr Denniss was holding a gun and that shooting was necessary to defend himself, but his response in returning with a loaded firearm and firing it was disproportionate, though not grossly so. The offence was within the mid-range of seriousness for offences of this type. Aggravating factors included use of a shortened firearm, commission at the victim's home, disregard for public safety, and commission while on conditional liberty; grave risk of death to Taylah Lethbridge was not made out. Remorse and good prospects of rehabilitation were...

Court Disposition

For manslaughter, the offender was sentenced to imprisonment with a non-parole period of 5 years and an additional term of 2 years and 6 months.

Orders

  • ['For the offence of manslaughter, the offender is sentenced to a non-parole period of 5 years commencing on 9 December 2018 and expiring on 8 December 2023.' 'The offender is sentenced to an additional term of 2 years and 6 months commencing on 9 December 2023 and ending on 8 June 2026.' 'The offender will become...