R v Russell [2019] NSWSC 459

R v Russell [2019] NSWSC 459

The offender believed it necessary to use force in self-defence and defence of others, but his actions were not a reasonable response; the offence was serious, aggravated by the use of a firearm in a public place, but his moral culpability was reduced by his mental impairment and background. A guilty plea to manslaughter was accepted on the basis of excessive self-defence, and sentence reduced to reflect the plea and prospects for rehabilitation.

Parties
Crown: Regina; Accused: Matthew Glen Russell
Jurisdiction
Australia
Judgment Date
26 April 2019
Procedural Posture
Criminal / Sentencing
Outcome
Aggregate sentence of imprisonment for 14 years with a non-parole period of 10 years and 6 months, commencing 22 March 2016
Legal Topics
Manslaughter by Excessive Self Defence, Defence of Others, Discharging Firearm With Intent to Cause Grievous Bodily Harm, Sentencing
Criminal Law Manslaughter by Excessive Self Defence Defence of Others Discharging Firearm With Intent to Cause Grievous Bodily Harm Sentencing

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Parties

Regina

Crown

Matthew Glen Russell

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether offender's conduct amounted to manslaughter by excessive self-defence
  2. 2 Appropriate sentence for manslaughter where offender acted pursuant to excessive self-defence
  3. 3 Appropriate sentence for discharging firearm with intent to cause grievous bodily harm

Ratio Decidendi

The offender believed it necessary to use force in self-defence and defence of others, but his actions were not a reasonable response; the offence was serious, aggravated by the use of a firearm in a public place, but his moral culpability was reduced by his mental impairment and background. A guilty plea to manslaughter was accepted on the basis of excessive self-defence, and sentence reduced to reflect the plea and prospects for rehabilitation.

Court Disposition

Aggregate sentence of imprisonment for 14 years with a non-parole period of 10 years and 6 months, commencing 22 March 2016

Orders

  • Offender is sentenced to an aggregate term of imprisonment for 14 years, comprising a non-parole period of 10 years and 6 months, commencing on 22 March 2016 and expiring on 21 September 2026, and a balance of term of 3 years and 6 months, commencing on 22 September 2026 and expiring on 21 March 2030.
  • Eligible for release on parole on 21 September 2026.