R v Hart (No 5) [2016] NSWSC 1612

R v Hart (No 5) [2016] NSWSC 1612

The Court was satisfied beyond reasonable doubt that Mr Hart deliberately shot Luke Hargrave with the pen gun intending to inflict really serious harm, and satisfied on the balance of probabilities that his capacity to control himself was substantially impaired by an abnormality of mind arising from a stimulant use disorder or substance induced psychotic disorder. Self-defence and involuntary manslaughter hypotheses were rejected because the accepted evidence showed Mr Hargrave was on the telephone, with his left hand in his pocket, when shot. The proper basis for sentence was manslaughter by substantial impairment. Taking into account mid-range objective seriousness, the aggravating...

Jurisdiction
Australia
Judgment Date
18 November 2016
Procedural Posture
Criminal Sentence / Sentencing After Jury Verdict of Not Guilty of Murder But Guilty of Manslaughter, and Guilty Pleas to Related Offences Dealt With Under S 168 Criminal Procedure Act 1986 (nsw)
Outcome
The offender was convicted and sentenced to a total effective sentence of 8 years and 4 months, with first eligibility for parole on 27 June 2019; firearms in sequences 2, 3, 4 and 5 were forfeited to the Crown.
Legal Topics
['manslaughter' 'substantial Impairment' 'guilty Plea' 'firearms Offences' 'break and Enter' 'property Damage' 'non Parole Period' 'forfeiture']
['criminal Law' 'sentencing'] ['manslaughter' 'substantial Impairment' 'guilty Plea' 'firearms Offences' 'break and Enter' 'property Damage' 'non Parole Period' 'forfeiture']

Case Brief

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Procedural Posture

Criminal Sentence / Sentencing After Jury Verdict of Not Guilty of Murder But Guilty of Manslaughter, and Guilty Pleas to Related Offences Dealt With Under S 168 Criminal Procedure Act 1986 (nsw)

Legal Issues

  1. 1 ['What facts should be found for sentencing after the jury returned a verdict of manslaughter rather than murder.' "Whether the offender's liability should be assessed as involuntary manslaughter, manslaughter by excessive self-defence, or manslaughter by substantial impairment." 'Whether the Crown proved beyond reasonable doubt that the offender deliberately shot Luke Hargrave intending to inflict really serious harm.' "How the offender's substance induced mental disorder or stimulant use disorder affected moral culpability and sentence." 'What sentence should be imposed for manslaughter and the seven related offences.']

Ratio Decidendi

The Court was satisfied beyond reasonable doubt that Mr Hart deliberately shot Luke Hargrave with the pen gun intending to inflict really serious harm, and satisfied on the balance of probabilities that his capacity to control himself was substantially impaired by an abnormality of mind arising from a stimulant use disorder or substance induced psychotic disorder. Self-defence and involuntary manslaughter hypotheses were rejected because the accepted evidence showed Mr Hargrave was on the telephone, with his left hand in his pocket, when shot. The proper basis for sentence was manslaughter by substantial impairment. Taking into account mid-range objective seriousness, the aggravating...

Court Disposition

The offender was convicted and sentenced to a total effective sentence of 8 years and 4 months, with first eligibility for parole on 27 June 2019; firearms in sequences 2, 3, 4 and 5 were forfeited to the Crown.

Orders

  • ['For Court Attendance Notice H52681852 sequence 3, possessing an unauthorised Hammerli self-loading pistol: fixed term of imprisonment of 3 months commencing on 30 October 2013 and expiring on 29 January 2014.' 'For Court Attendance Notice H52681852 sequence 4, possessing an unregistered Winchester repeating rifle:...