R v Wang [2016] NSWSC 222

R v Wang [2016] NSWSC 222

The offender is sentenced on the basis of unlawful and dangerous act manslaughter, not premeditated or intentional killing, with special circumstances found due to his youth, first time in custody, remorse, and good prospects of rehabilitation. A starting point of 8 years' imprisonment, reduced by 17.5% for the early offer to plead guilty, results in a total sentence of 6.5 years: 4 years and 6 months non-parole commencing 14 February 2014, with parole eligibility from 14 August 2018.

Parties
Prosecution: Regina; Offender: Chang Jie Wang
Jurisdiction
Australia
Judgment Date
11 March 2016
Procedural Posture
Criminal / Sentencing After Conviction for Manslaughter
Outcome
Offender sentenced to imprisonment for non-parole period of 4 years and 6 months, with a balance of 2 years, commencing 14 February 2014.
Legal Topics
Manslaughter, Sentencing, Unlawful and Dangerous Act
Criminal Law Manslaughter Sentencing Unlawful and Dangerous Act

Case Brief

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Parties

Regina

Prosecution

Chang Jie Wang

Offender

Procedural Posture

Criminal / Sentencing After Conviction for Manslaughter

Legal Issues

  1. 1 Appropriate sentence for manslaughter by unlawful and dangerous act
  2. 2 Assessment of aggravating and mitigating factors
  3. 3 Application of sentencing discounts and special circumstances

Ratio Decidendi

The offender is sentenced on the basis of unlawful and dangerous act manslaughter, not premeditated or intentional killing, with special circumstances found due to his youth, first time in custody, remorse, and good prospects of rehabilitation. A starting point of 8 years' imprisonment, reduced by 17.5% for the early offer to plead guilty, results in a total sentence of 6.5 years: 4 years and 6 months non-parole commencing 14 February 2014, with parole eligibility from 14 August 2018.

Court Disposition

Offender sentenced to imprisonment for non-parole period of 4 years and 6 months, with a balance of 2 years, commencing 14 February 2014.

Orders

  • Imprisonment for a non-parole period of 4 years and 6 months commencing 14 February 2014
  • Balance of term of 2 years