Regina v Mark Allan FORREST [2008] NSWSC 301

Regina v Mark Allan FORREST [2008] NSWSC 301

The offender is sentenced for manslaughter having acted under provocation; the degree of provocation was significant, the lapse of time was short, and the violence, though serious, was not excessive. Psychiatric assessments confirm a relevant post-traumatic disorder affecting perception. A 25% discount is applied for early guilty plea. Rehabilitation prospects are good, but no special circumstances are found. The sentence imposed reflects these factors.

Parties
Crown: Regina; Accused: Mark Allan Forrest
Jurisdiction
Australia
Judgment Date
04 April 2008
Procedural Posture
Criminal / Sentencing
Outcome
Sentenced to imprisonment with a non-parole period and balance of term.
Legal Topics
Manslaughter, Sentencing, Provocation
Criminal Law Manslaughter Sentencing Provocation

Case Brief

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Parties

Regina

Crown

Mark Allan Forrest

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for the offender convicted of manslaughter under provocation?
  2. 2 To what extent does provocation, psychiatric history, and early guilty plea affect sentencing?
  3. 3 Does the offender’s background or prospects of rehabilitation warrant finding special circumstances?

Ratio Decidendi

The offender is sentenced for manslaughter having acted under provocation; the degree of provocation was significant, the lapse of time was short, and the violence, though serious, was not excessive. Psychiatric assessments confirm a relevant post-traumatic disorder affecting perception. A 25% discount is applied for early guilty plea. Rehabilitation prospects are good, but no special circumstances are found. The sentence imposed reflects these factors.

Court Disposition

Sentenced to imprisonment with a non-parole period and balance of term.

Orders

  • Mark Allan Forrest is sentenced to imprisonment with a non-parole period of 5 years and 9 months commencing 27 January 2007 and expiring 26 October 2012, and a balance of term of 1 year and 9 months expiring 26 July 2014.
  • First date of eligibility for parole is 26 October 2012.