R v Lane (No 3) [2015] NSWSC 118

R v Lane (No 3) [2015] NSWSC 118

The offender was to be sentenced on the basis of manslaughter by unlawful and dangerous act. The Court was satisfied beyond reasonable doubt that the offender deliberately punched Mr Morris on the right side of the jaw in an aggressive act, not in self-defence, causing him to fall backwards, strike the back of his head on the bitumen, suffer traumatic brain injury and die. The offending was objectively serious because it was drunken public violence, the offender escalated the aggression after Mr Morris attempted to disengage, the punch was deliberate and intended to inflict appreciable harm, and the offender gave no assistance. Taking into account the Form 1 offences, the offender's...

Jurisdiction
Australia
Judgment Date
27 February 2015
Procedural Posture
Criminal Sentence / Sentence After Jury Verdict of Not Guilty of Murder But Guilty of Manslaughter
Outcome
Offender convicted of manslaughter and sentenced to imprisonment for 8 years and 6 months with a non-parole period of 6 years and 4 months.
Legal Topics
['manslaughter by Unlawful and Dangerous Act' 'alcohol Fuelled Public Violence' 'form 1 Offences' 'objective Seriousness' 'pre Sentence Custody' 'discount for Offer to Plead Guilty']
['criminal Law' 'sentencing'] ['manslaughter by Unlawful and Dangerous Act' 'alcohol Fuelled Public Violence' 'form 1 Offences' 'objective Seriousness' 'pre Sentence Custody' 'discount for Offer to Plead Guilty']

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Procedural Posture

Criminal Sentence / Sentence After Jury Verdict of Not Guilty of Murder But Guilty of Manslaughter

Legal Issues

  1. 1 ["Whether the jury's manslaughter verdict should be treated for sentencing as manslaughter by unlawful and dangerous act rather than excessive self-defence." "Whether the offender's punch caused Mr Morris to fall, suffer traumatic brain injury and die." 'How objectively serious the offending was, including the role of intoxication, public violence, escalation of aggression and failure to assist.' 'How the admitted Form 1 offences of assault occasioning actual bodily harm should be taken into account in sentencing for manslaughter.' "What sentence should be imposed having regard to the offender's subjective circumstances, remorse, offer to plead guilty, pre-sentence custody and the statutory ratio for the non-parole period."]

Ratio Decidendi

The offender was to be sentenced on the basis of manslaughter by unlawful and dangerous act. The Court was satisfied beyond reasonable doubt that the offender deliberately punched Mr Morris on the right side of the jaw in an aggressive act, not in self-defence, causing him to fall backwards, strike the back of his head on the bitumen, suffer traumatic brain injury and die. The offending was objectively serious because it was drunken public violence, the offender escalated the aggression after Mr Morris attempted to disengage, the punch was deliberate and intended to inflict appreciable harm, and the offender gave no assistance. Taking into account the Form 1 offences, the offender's...

Court Disposition

Offender convicted of manslaughter and sentenced to imprisonment for 8 years and 6 months with a non-parole period of 6 years and 4 months.

Orders

  • ['For the manslaughter of Peter Morris, Paul Ian Lane is sentenced to a term of imprisonment having a non-parole period of 6 years and 4 months commencing 27 September 2013 and expiring on 26 January 2020, with an additional term of 2 years and 2 months commencing on 27 January 2020 and expiring on 26 March 2022.'...