R v Benbow [2009] NSWSC 1472

R v Benbow [2009] NSWSC 1472

The offender's manslaughter was a serious unlawful and dangerous act manslaughter: although spontaneous, unplanned and committed while substantially intoxicated, it involved a sustained fatal beating with a cricket bat and was committed while the offender was on bail. The offender's lengthy record showed continuing disobedience to the law, requiring greater emphasis on retribution and personal deterrence. Claimed provocation, panic attack, disability affecting awareness, and remorse were not established. A guilty plea warranted a discount on the Crown's concession, and special circumstances justified a longer parole period for rehabilitation and supervision. The assault on Mr Collis was...

Jurisdiction
Australia
Judgment Date
20 November 2009
Procedural Posture
Criminal Sentence for Manslaughter and Assault Occasioning Actual Bodily Harm / Sentencing After Pleas of Guilty
Outcome
The offender was convicted and sentenced to imprisonment for manslaughter and assault occasioning actual bodily harm; the backup charge under s 33 of the Crimes Act 1900 was dismissed.
Legal Topics
['manslaughter' 'unlawful and Dangerous Act' 'assault Occasioning Actual Bodily Harm' 'intoxication' 'guilty Plea' 'offending While on Bail' 'non Parole Period' 'special Circumstances']
['criminal Law' 'sentencing'] ['manslaughter' 'unlawful and Dangerous Act' 'assault Occasioning Actual Bodily Harm' 'intoxication' 'guilty Plea' 'offending While on Bail' 'non Parole Period' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Sentence for Manslaughter and Assault Occasioning Actual Bodily Harm / Sentencing After Pleas of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for manslaughter committed by an unlawful and dangerous act involving a fatal beating with a cricket bat.' 'What sentence should be imposed for assault occasioning actual bodily harm against Mr Collis.' "How the offender's intoxication, criminal history, offending while on bail, plea of guilty, rehabilitation prospects and asserted remorse should affect sentence." 'Whether special circumstances justified reducing the proportion of the sentence represented by the non-parole period.']

Ratio Decidendi

The offender's manslaughter was a serious unlawful and dangerous act manslaughter: although spontaneous, unplanned and committed while substantially intoxicated, it involved a sustained fatal beating with a cricket bat and was committed while the offender was on bail. The offender's lengthy record showed continuing disobedience to the law, requiring greater emphasis on retribution and personal deterrence. Claimed provocation, panic attack, disability affecting awareness, and remorse were not established. A guilty plea warranted a discount on the Crown's concession, and special circumstances justified a longer parole period for rehabilitation and supervision. The assault on Mr Collis was...

Court Disposition

The offender was convicted and sentenced to imprisonment for manslaughter and assault occasioning actual bodily harm; the backup charge under s 33 of the Crimes Act 1900 was dismissed.

Orders

  • ['For the offence of assault occasioning actual bodily harm, the offender was sentenced to imprisonment for a fixed term of three months, dating from 28 January 2008 and expiring on 27 April 2008.' 'For the offence of manslaughter, the offender was sentenced to imprisonment for seven years and six months, comprising...