R v Stewart [2008] NSWSC 563

R v Stewart [2008] NSWSC 563

The Court found that the manslaughter verdict was based on excessive self-defence, not provocation. Although there was a reasonable possibility that the Offender believed his conduct was necessary to defend himself, his response was grossly excessive: he returned armed with a concealed push dagger designed for fighting, produced it during a struggle with an unarmed victim, and inflicted 12 wounds including fatal or potentially fatal wounds. The offence was objectively grave and involved intent to inflict grievous bodily harm. After allowing a 12.5% discount for the late offer to plead guilty to manslaughter and finding special circumstances, the appropriate sentence was a head sentence of...

Jurisdiction
Australia
Judgment Date
06 June 2008
Procedural Posture
Criminal Sentencing for Manslaughter / Remarks on Sentence After Jury Acquitted the Offender of Murder and Convicted Him of Manslaughter
Outcome
The Offender was sentenced for manslaughter to a non-parole period of seven years and three months with a balance of term of three years and three months.
Legal Topics
['manslaughter' 'excessive Self Defence' 'provocation' 'stabbing' 'use of Concealed Weapon' 'objective Seriousness' 'general Deterrence' 'personal Deterrence' 'offer to Plead Guilty']
['criminal Law' 'sentencing'] ['manslaughter' 'excessive Self Defence' 'provocation' 'stabbing' 'use of Concealed Weapon' 'objective Seriousness' 'general Deterrence' 'personal Deterrence' 'offer to Plead Guilty']

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Procedural Posture

Criminal Sentencing for Manslaughter / Remarks on Sentence After Jury Acquitted the Offender of Murder and Convicted Him of Manslaughter

Legal Issues

  1. 1 ["Whether the jury's manslaughter verdict was based on provocation or excessive self-defence." 'The objective seriousness of the manslaughter offence.' "The significance of the Offender's use of a concealed push dagger and the number and nature of wounds inflicted." "The effect on sentence of the Offender's late offer to plead guilty to manslaughter." 'The relevance of remorse, prior convictions, rehabilitation prospects and special circumstances to sentence.']

Ratio Decidendi

The Court found that the manslaughter verdict was based on excessive self-defence, not provocation. Although there was a reasonable possibility that the Offender believed his conduct was necessary to defend himself, his response was grossly excessive: he returned armed with a concealed push dagger designed for fighting, produced it during a struggle with an unarmed victim, and inflicted 12 wounds including fatal or potentially fatal wounds. The offence was objectively grave and involved intent to inflict grievous bodily harm. After allowing a 12.5% discount for the late offer to plead guilty to manslaughter and finding special circumstances, the appropriate sentence was a head sentence of...

Court Disposition

The Offender was sentenced for manslaughter to a non-parole period of seven years and three months with a balance of term of three years and three months.

Orders

  • ['Wade John Stewart is sentenced to a non-parole period of seven years and three months to date from 27 July 2006 and to expire on 26 October 2013.' 'The balance of term is three years and three months to commence on 27 October 2013 and to expire on 26 January 2017.' 'The earliest date upon which the Offender will...