R v Smith [2022] NSWSC 269

R v Smith [2022] NSWSC 269

The offender committed manslaughter by a deliberate unlawful and dangerous act when he drove his vehicle at the deceased over a short distance and pinned him against a garage, causing fatal injuries. Although the taking of life made the offence serious and full-time imprisonment was required, the offence was well below mid-range for manslaughter because the offender had no intention to kill or cause really serious harm, did not know death was a probable consequence, attended for a lawful purpose, and acted after significant non-exculpatory provocation. His childhood deprivation, PTSD, ADHD, substance abuse history, remorse and cooperation further reduced moral culpability and made him an...

Jurisdiction
Australia
Judgment Date
16 March 2022
Procedural Posture
Criminal Sentence for Manslaughter by Unlawful and Dangerous Act / Remarks on Sentence After Guilty Plea to Manslaughter Accepted in Full Satisfaction of the Indictment
Outcome
The offender was convicted of manslaughter and sentenced to imprisonment with a non-parole period of 3 years and 8 months and a further term of 4 years and 10 months.
Legal Topics
['manslaughter by Unlawful and Dangerous Act' 'use of Motor Vehicle as Weapon' 'non Exculpatory Provocation' 'mental Health in Sentencing' 'early Childhood Deprivation' 'bugmy Factors' 'special Circumstances' 'accumulation' 'guilty Plea Discount']
['criminal Law' 'sentencing'] ['manslaughter by Unlawful and Dangerous Act' 'use of Motor Vehicle as Weapon' 'non Exculpatory Provocation' 'mental Health in Sentencing' 'early Childhood Deprivation' 'bugmy Factors' 'special Circumstances' 'accumulation' 'guilty Plea Discount']

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Procedural Posture

Criminal Sentence for Manslaughter by Unlawful and Dangerous Act / Remarks on Sentence After Guilty Plea to Manslaughter Accepted in Full Satisfaction of the Indictment

Legal Issues

  1. 1 ['What sentence should be imposed for manslaughter arising from the offender deliberately driving a vehicle at the deceased and pinning him against a garage, causing death.' 'How the objective seriousness of the manslaughter should be assessed where there was no intention to kill or cause really serious injury and no knowledge that death was a probable consequence.' 'What effect should be given to non-exculpatory provocation, mental health issues, early childhood deprivation and substance abuse on moral culpability and deterrence.' 'What discount should be allowed for the late guilty plea and assistance to the administration of justice.' 'Whether special circumstances justified an extended period of parole supervision.' 'How the sentence should be structured having regard to existing sentences and accumulation.']

Ratio Decidendi

The offender committed manslaughter by a deliberate unlawful and dangerous act when he drove his vehicle at the deceased over a short distance and pinned him against a garage, causing fatal injuries. Although the taking of life made the offence serious and full-time imprisonment was required, the offence was well below mid-range for manslaughter because the offender had no intention to kill or cause really serious harm, did not know death was a probable consequence, attended for a lawful purpose, and acted after significant non-exculpatory provocation. His childhood deprivation, PTSD, ADHD, substance abuse history, remorse and cooperation further reduced moral culpability and made him an...

Court Disposition

The offender was convicted of manslaughter and sentenced to imprisonment with a non-parole period of 3 years and 8 months and a further term of 4 years and 10 months.

Orders

  • ['The offender is convicted for that, on 25 September 2018, at Cessnock in the State of New South Wales, he did unlawfully kill Ewan James Sams.' 'The offender is sentenced to a term of imprisonment for a non-parole period of 3 years and 8 months, commencing 17 August 2021 and concluding 16 April 2025, with the...