R v Franklin [2024] NSWDC 637

R v Franklin [2024] NSWDC 637

Mr Franklin is convicted of manslaughter by dangerous and unlawful act. Although not found to have physically assaulted the deceased, his actions together with Kevin Stokes, motivated by a desire to punish the deceased, created a situation where the deceased was lying prone on a busy and unlit road, leading to his death. The offence was committed in company and involved hunting the terrified deceased. Objective gravity falls a little below midrange. Delay in prosecution and special circumstances due to PTSD and substance abuse mitigate sentence. Imprisonment is the only appropriate sentence.

Parties
Prosecution: The Crown; Offender: Andrew Franklin
Jurisdiction
Australia
Judgment Date
19 September 2024
Procedural Posture
Criminal / Sentencing After Jury Conviction
Outcome
Conviction and sentence of imprisonment
Legal Topics
Manslaughter, Dangerous and Unlawful Act, Sentencing
Criminal Law Manslaughter Dangerous and Unlawful Act Sentencing

Case Brief

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Parties

The Crown

Prosecution

Andrew Franklin

Offender

Procedural Posture

Criminal / Sentencing After Jury Conviction

Legal Issues

  1. 1 Sentencing for manslaughter by dangerous and unlawful act
  2. 2 Determination of objective and subjective gravity of offending
  3. 3 Existence and scope of joint criminal enterprise

Ratio Decidendi

Mr Franklin is convicted of manslaughter by dangerous and unlawful act. Although not found to have physically assaulted the deceased, his actions together with Kevin Stokes, motivated by a desire to punish the deceased, created a situation where the deceased was lying prone on a busy and unlit road, leading to his death. The offence was committed in company and involved hunting the terrified deceased. Objective gravity falls a little below midrange. Delay in prosecution and special circumstances due to PTSD and substance abuse mitigate sentence. Imprisonment is the only appropriate sentence.

Court Disposition

Conviction and sentence of imprisonment

Orders

  • Mr Franklin is convicted and sentenced to imprisonment made up of a non-parole period of 3 years dating from 30 May 2024, earliest release 29 May 2027, balance of term 2 years 6 months, whole sentence served by 29 November 2029.
  • Ms Knight's report dated 17 July 2024 to be forwarded to CEO, Justice Health.