Regina v Ronnie Phillip Lovett [2009] NSWSC 1427

Regina v Ronnie Phillip Lovett [2009] NSWSC 1427

The Court found that the offender unlawfully went to Ms Bloomfield-Gibbs's house to tackle the deceased, took a knife, intentionally struck a single knife blow to the deceased's chest with intent to do grievous bodily harm, and then continued a gratuitous attack. Excessive self-defence and unlawful and dangerous act manslaughter were rejected; manslaughter by provocation was the remaining basis consistent with the verdict. Given the serious objective features, lack of remorse, poor rehabilitation prospects, prior offending, and need for deterrence, a substantial term of imprisonment with an eight-year non-parole period was required.

Jurisdiction
Australia
Judgment Date
18 December 2009
Procedural Posture
Criminal Sentencing for Manslaughter / Remarks on Sentence After Trial for Murder in Which the Offender Was Found Guilty of Manslaughter
Outcome
The offender was sentenced to imprisonment for manslaughter with a non-parole period of eight years and a balance of term of two years and eight months.
Legal Topics
['manslaughter' 'provocation' 'excessive Self Defence' 'unlawful and Dangerous Act Manslaughter' 'objective Seriousness' 'deterrence' 'non Parole Period' 'rehabilitation']
['criminal Law' 'sentencing'] ['manslaughter' 'provocation' 'excessive Self Defence' 'unlawful and Dangerous Act Manslaughter' 'objective Seriousness' 'deterrence' 'non Parole Period' 'rehabilitation']

Case Brief

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Procedural Posture

Criminal Sentencing for Manslaughter / Remarks on Sentence After Trial for Murder in Which the Offender Was Found Guilty of Manslaughter

Legal Issues

  1. 1 ["Whether the offender's manslaughter was explained by excessive self-defence, unlawful and dangerous act, or provocation." 'Whether the offender intended to kill or to do grievous bodily harm.' 'What sentence and non-parole period should be imposed for the manslaughter of George Asprogiannis.' "Whether the balance of the term available for release to parole should be varied because of the offender's age, first effective period of full-time custody, and need for assistance with illegal drugs."]

Ratio Decidendi

The Court found that the offender unlawfully went to Ms Bloomfield-Gibbs's house to tackle the deceased, took a knife, intentionally struck a single knife blow to the deceased's chest with intent to do grievous bodily harm, and then continued a gratuitous attack. Excessive self-defence and unlawful and dangerous act manslaughter were rejected; manslaughter by provocation was the remaining basis consistent with the verdict. Given the serious objective features, lack of remorse, poor rehabilitation prospects, prior offending, and need for deterrence, a substantial term of imprisonment with an eight-year non-parole period was required.

Court Disposition

The offender was sentenced to imprisonment for manslaughter with a non-parole period of eight years and a balance of term of two years and eight months.

Orders

  • ['Ronnie Phillip Lovett, for the manslaughter of George Asprogiannis, is sentenced to imprisonment.' 'A non-parole period of eight years is set, taken to have commenced on 10 August 2008 and expiring on 9 August 2016.' 'A balance of the term of sentence of two years and eight months is set, expiring on 9 April 2019.']