R v Magro [2019] NSWSC 343

R v Magro [2019] NSWSC 343

The offender's conduct was a very grave example of both offences: he armed himself with an illegal loaded firearm, escalated a verbal dispute into a public place, fired near a busy public road, then deliberately aimed and shot Ricardo Coleman at close range. Although the jury's verdict required acceptance that he believed he was acting in self-defence when he shot, the perceived threat was only a possible unarmed assault and the force used was vastly disproportionate and wholly unreasonable. His culpability was high, his remorse was not established, his prospects were guarded, and deterrence was important. A modest 10% discount was allowed for the limited utilitarian value of the earlier...

Jurisdiction
Australia
Judgment Date
29 March 2019
Procedural Posture
Criminal Sentence / Sentence After Jury Verdict of Not Guilty of Murder But Guilty of Manslaughter, and Conviction for Firing a Firearm Near a Public Place
Outcome
Joshua Magro was convicted of firing a firearm near a public place and manslaughter and sentenced to an aggregate term of imprisonment for 16 years with a non-parole period of 12 years.
Legal Topics
['manslaughter' 'excessive Self Defence' 'firearms Offences' 'aggregate Sentence' 'plea Discount' 'deterrence' 'special Circumstances' 'remorse' 'objective Seriousness']
['criminal Law' 'sentencing'] ['manslaughter' 'excessive Self Defence' 'firearms Offences' 'aggregate Sentence' 'plea Discount' 'deterrence' 'special Circumstances' 'remorse' 'objective Seriousness']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence After Jury Verdict of Not Guilty of Murder But Guilty of Manslaughter, and Conviction for Firing a Firearm Near a Public Place

Legal Issues

  1. 1 ["What facts consistent with the jury's verdicts should be found for sentencing." 'The objective seriousness of firing a firearm near a public place and manslaughter by excessive self-defence.' 'Whether the offender should receive a discount for an earlier offer to plead guilty to manslaughter.' "The relevance of the offender's criminal history, drug use, psychiatric evidence, physical health, remorse, prospects of rehabilitation and custody conditions." 'Whether sentences should be accumulated or made concurrent and whether special circumstances should be found.']

Ratio Decidendi

The offender's conduct was a very grave example of both offences: he armed himself with an illegal loaded firearm, escalated a verbal dispute into a public place, fired near a busy public road, then deliberately aimed and shot Ricardo Coleman at close range. Although the jury's verdict required acceptance that he believed he was acting in self-defence when he shot, the perceived threat was only a possible unarmed assault and the force used was vastly disproportionate and wholly unreasonable. His culpability was high, his remorse was not established, his prospects were guarded, and deterrence was important. A modest 10% discount was allowed for the limited utilitarian value of the earlier...

Court Disposition

Joshua Magro was convicted of firing a firearm near a public place and manslaughter and sentenced to an aggregate term of imprisonment for 16 years with a non-parole period of 12 years.

Orders

  • ['Joshua Magro is convicted of the offence of firing a firearm near a public place.' 'Joshua Magro is convicted of the offence of the manslaughter of Ricardo Coleman.' 'An aggregate sentence will be imposed upon the offender pursuant to s 53A of the Crimes (Sentencing Procedure) Act 1999 (NSW).' 'The offender is...