R v MR, JB and CS (young persons) (No 5) [2024] NSWSC 912

R v MR, JB and CS (young persons) (No 5) [2024] NSWSC 912

MR's manslaughter was committed by excessive self-defence: he believed the deceased was armed with a knife and was reaching for it, but MR's response of drawing a concealed hunting knife and stabbing the deceased once in the chest with intent to cause grievous bodily harm was excessive. The offence was toward the lower end of objective seriousness, and MR's youth, background, learning disorder, cognitive impairments, remorse and rehabilitation prospects substantially mitigated sentence, while a 25% reduction applied for his offer to plead guilty. Special circumstances justified a varied statutory ratio and serving the sentence as a juvenile offender. For JB and CS, the affray offences...

Jurisdiction
Australia
Judgment Date
26 July 2024
Procedural Posture
Criminal Sentencing and Related Offences Involving Young Persons / Sentence After Jury Trial Verdicts, With JB and CS Pleading Guilty to Affray and Not Guilty to Wielding a Knife in a Public Place
Outcome
MR was convicted of manslaughter and sentenced to imprisonment. The affray charges against JB and CS were dismissed without conviction. The wield knife charges against JB and CS were not proven and dismissed.
Legal Topics
['manslaughter by Excessive Self Defence' 'affray' 'wielding a Knife in a Public Place' 'juvenile Offenders' 'objective Seriousness' 'reduced Moral Culpability' 'plea Discount' 'non Parole Period' 'juvenile Detention']
['criminal Law' 'sentencing' 'children and Young Persons'] ['manslaughter by Excessive Self Defence' 'affray' 'wielding a Knife in a Public Place' 'juvenile Offenders' 'objective Seriousness' 'reduced Moral Culpability' 'plea Discount' 'non Parole Period' 'juvenile Detention']

Case Brief

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Procedural Posture

Criminal Sentencing and Related Offences Involving Young Persons / Sentence After Jury Trial Verdicts, With JB and CS Pleading Guilty to Affray and Not Guilty to Wielding a Knife in a Public Place

Legal Issues

  1. 1 ['What sentence should be imposed on MR for manslaughter by excessive self-defence after a 25% reduction for his offer to plead guilty.' 'Whether the related offence of wielding a knife in a public place was proven beyond reasonable doubt against JB or CS.' 'What orders should be made for JB and CS for affray under s 33(1)(a) of the Children (Criminal Proceedings) Act 1987 (NSW).' 'Whether MR should serve the custodial component of his sentence as a juvenile offender after turning 18.' "Whether special circumstances justified variation of the statutory ratio for MR's sentence."]

Ratio Decidendi

MR's manslaughter was committed by excessive self-defence: he believed the deceased was armed with a knife and was reaching for it, but MR's response of drawing a concealed hunting knife and stabbing the deceased once in the chest with intent to cause grievous bodily harm was excessive. The offence was toward the lower end of objective seriousness, and MR's youth, background, learning disorder, cognitive impairments, remorse and rehabilitation prospects substantially mitigated sentence, while a 25% reduction applied for his offer to plead guilty. Special circumstances justified a varied statutory ratio and serving the sentence as a juvenile offender. For JB and CS, the affray offences...

Court Disposition

MR was convicted of manslaughter and sentenced to imprisonment. The affray charges against JB and CS were dismissed without conviction. The wield knife charges against JB and CS were not proven and dismissed.

Orders

  • ['For the offence of Manslaughter, MR is convicted and sentenced to imprisonment for 4 years and 6 months to commence on 28 July 2022 and to expire on 27 January 2027 with a non-parole period of 2 years and 6 months to commence on 28 July 2022 and to expire on 27 January 2025. I order that MR serve the whole of his...