R v Laures [2003] NSWSC 785

R v Laures [2003] NSWSC 785

The prisoner committed manslaughter by an unlawful and dangerous act when he deliberately used a knife to stab the deceased, causing death. Although he lacked the intent required for murder, the use of a knife against a defenceless victim made the offence objectively grave and not at the lower end of culpability. Taking into account the seriousness of the offence, the guilty plea, contrition, absence of prior criminal record, age, health, favourable rehabilitation prospects and special circumstances warranting an extended parole period, the appropriate sentence was eight years imprisonment with a non-parole period of five years.

Jurisdiction
Australia
Judgment Date
27 August 2003
Procedural Posture
Criminal Sentencing for Manslaughter / Sentence After Guilty Plea to Manslaughter Accepted in Satisfaction of Murder Indictment
Outcome
The prisoner was convicted of manslaughter and sentenced to imprisonment for eight years with a non-parole period of five years.
Legal Topics
['manslaughter by Unlawful and Dangerous Act' 'use of Knife' 'guilty Plea Discount' 'contrition' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing'] ['manslaughter by Unlawful and Dangerous Act' 'use of Knife' 'guilty Plea Discount' 'contrition' 'special Circumstances' 'non Parole Period']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentencing for Manslaughter / Sentence After Guilty Plea to Manslaughter Accepted in Satisfaction of Murder Indictment

Legal Issues

  1. 1 ['What sentence should be imposed for manslaughter by unlawful and dangerous act where the prisoner deliberately stabbed the deceased with a knife without the intent required for murder.' 'Whether the offence should be regarded as towards the lower end of culpability.' "What allowance should be made for the prisoner's guilty plea, contrition, lack of prior criminal record, health, age and prospects of rehabilitation." 'Whether special circumstances justified a longer than usual parole period.']

Ratio Decidendi

The prisoner committed manslaughter by an unlawful and dangerous act when he deliberately used a knife to stab the deceased, causing death. Although he lacked the intent required for murder, the use of a knife against a defenceless victim made the offence objectively grave and not at the lower end of culpability. Taking into account the seriousness of the offence, the guilty plea, contrition, absence of prior criminal record, age, health, favourable rehabilitation prospects and special circumstances warranting an extended parole period, the appropriate sentence was eight years imprisonment with a non-parole period of five years.

Court Disposition

The prisoner was convicted of manslaughter and sentenced to imprisonment for eight years with a non-parole period of five years.

Orders

  • ['The prisoner is sentenced to a term of imprisonment of eight years commencing on 12 July 2002.' 'A non-parole period of five years is set, expiring on 11 July 2007.' '11 July 2007 is specified as the earliest date upon which the prisoner will be eligible to be released upon parole.']