R v Fuller [2020] NSWSC 1580

R v Fuller [2020] NSWSC 1580

The offender deliberately returned to the scene of an earlier conflict with two large knives, brandished them, chased Mr McCulloch's vehicle and deliberately stabbed Mr McCulloch five times while he was seated in the driver's seat, causing death. Although the jury's precise basis for manslaughter was not ascertainable and need not be determined, the objective seriousness was well above the mid-range. Balancing that seriousness, the need for general deterrence and denunciation, the offender's subjective circumstances, good prospects of rehabilitation, some remorse, early acceptance of responsibility and special circumstances, a sentence of 9 years' imprisonment with a non-parole period of...

Jurisdiction
Australia
Judgment Date
09 November 2020
Procedural Posture
Criminal Sentencing for Manslaughter / Sentence Following Jury Verdict of Not Guilty of Murder But Guilty of Manslaughter, After an Earlier Guilty Plea to Manslaughter Was Not Accepted by the Crown in Discharge of the Indictment
Outcome
The offender was sentenced to imprisonment for 9 years with a non-parole period of 6 years and 3 months for manslaughter.
Legal Topics
['manslaughter' 'stabbing' 'extreme Provocation' 'self Defence With Excessive Force' 'objective Seriousness' 'early Guilty Plea Discount' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing'] ['manslaughter' 'stabbing' 'extreme Provocation' 'self Defence With Excessive Force' 'objective Seriousness' 'early Guilty Plea Discount' 'special Circumstances' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentencing for Manslaughter / Sentence Following Jury Verdict of Not Guilty of Murder But Guilty of Manslaughter, After an Earlier Guilty Plea to Manslaughter Was Not Accepted by the Crown in Discharge of the Indictment

Legal Issues

  1. 1 ['On what factual basis the offender should be sentenced where the jury may have accepted extreme provocation, self-defence with excessive force, or both.' 'How objectively serious the manslaughter was, having regard to the offender bringing and using two large knives in a public street.' "What discount should be allowed for the offender's early offer to plead guilty to manslaughter." 'Whether special circumstances justified a longer period on parole.']

Ratio Decidendi

The offender deliberately returned to the scene of an earlier conflict with two large knives, brandished them, chased Mr McCulloch's vehicle and deliberately stabbed Mr McCulloch five times while he was seated in the driver's seat, causing death. Although the jury's precise basis for manslaughter was not ascertainable and need not be determined, the objective seriousness was well above the mid-range. Balancing that seriousness, the need for general deterrence and denunciation, the offender's subjective circumstances, good prospects of rehabilitation, some remorse, early acceptance of responsibility and special circumstances, a sentence of 9 years' imprisonment with a non-parole period of...

Court Disposition

The offender was sentenced to imprisonment for 9 years with a non-parole period of 6 years and 3 months for manslaughter.

Orders

  • ['Justin Fuller is sentenced to imprisonment for 9 years, consisting of a non-parole period of 6 years and 3 months and a balance of term of 2 years and 9 months.' 'The sentence is to date from 19 December 2018.' 'The offender will become eligible for parole on 18 March 2025.' "The offender's solicitor is asked to...