R v Stanley (No. 2) [2023] NSWSC 74

R v Stanley (No. 2) [2023] NSWSC 74

The appropriate sentence for the manslaughter by Shelby Stanley, committed in circumstances of excessive self-defence while influenced by alcohol and complex trauma, is determined by balancing the seriousness of the offence with the significantly mitigating factors of youth, background of disadvantage (per Bugmy), mental health impairment, demonstrated remorse, good prospects of rehabilitation, and an early guilty plea, warranting reduction in both head sentence and non-parole period, with recognition of special circumstances justifying a longer parole component.

Parties
Crown: Regina; Accused: Shelby Stanley
Jurisdiction
Australia
Judgment Date
10 February 2023
Procedural Posture
Criminal / Sentencing
Outcome
Offender sentenced to 6 years' imprisonment for manslaughter, with non-parole period of 3 years and 6 months. Eligible for parole on 2 July 2024.
Legal Topics
Manslaughter, Sentencing, Excessive Self Defence, Youth Offenders, Mental Health in Sentencing
Criminal Law Manslaughter Sentencing Excessive Self Defence Youth Offenders Mental Health in Sentencing

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Parties

Regina

Crown

Shelby Stanley

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for manslaughter committed in circumstances of excessive self-defence
  2. 2 Relevance of offender's youth, background of disadvantage, and mental health issues to sentencing
  3. 3 Application of sentencing principles where accused pleaded guilty early

Ratio Decidendi

The appropriate sentence for the manslaughter by Shelby Stanley, committed in circumstances of excessive self-defence while influenced by alcohol and complex trauma, is determined by balancing the seriousness of the offence with the significantly mitigating factors of youth, background of disadvantage (per Bugmy), mental health impairment, demonstrated remorse, good prospects of rehabilitation, and an early guilty plea, warranting reduction in both head sentence and non-parole period, with recognition of special circumstances justifying a longer parole component.

Court Disposition

Offender sentenced to 6 years' imprisonment for manslaughter, with non-parole period of 3 years and 6 months. Eligible for parole on 2 July 2024.

Orders

  • Sentence of imprisonment for 6 years commencing 3 January 2021 and expiring 2 January 2027, with a non-parole period of 3 years and 6 months commencing 3 January 2021 and expiring 2 July 2024.
  • Offender eligible for release on parole on 2 July 2024.