R v Boxx [2009] NSWSC 298

R v Boxx [2009] NSWSC 298

The offender was to be sentenced for manslaughter by unlawful and dangerous act or acts committed incidental to a joint criminal enterprise to invade the deceased's home and take a safe. The offence was objectively serious because it was committed in company, in the course of planned criminal activity, force against the victim was contemplated, and the victim was vulnerable, being alone, in bed, and mildly mentally handicapped. Although the offender joined the enterprise later than some co-offenders, he influenced the decision to carry it out that night, so his criminality was not less than theirs. His lack of remorse impeded rehabilitation, though family support gave fair prospects. A 10...

Jurisdiction
Australia
Judgment Date
21 April 2009
Procedural Posture
Criminal Sentencing for Manslaughter / Remarks on Sentence After Jury Found the Offender Not Guilty of Murder But Guilty of Manslaughter
Outcome
The offender was sentenced to imprisonment for 10 years, comprising a non-parole period of 7 years and 6 months and a balance of term of 2 years and 6 months.
Legal Topics
['manslaughter by Unlawful and Dangerous Act' 'joint Criminal Enterprise' 'home Invasion' 'non Parole Period' 'special Circumstances' 'victim Impact Statement' 'parity With Co Offenders']
['criminal Law' 'sentencing'] ['manslaughter by Unlawful and Dangerous Act' 'joint Criminal Enterprise' 'home Invasion' 'non Parole Period' 'special Circumstances' 'victim Impact Statement' 'parity With Co Offenders']

Case Brief

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Procedural Posture

Criminal Sentencing for Manslaughter / Remarks on Sentence After Jury Found the Offender Not Guilty of Murder But Guilty of Manslaughter

Legal Issues

  1. 1 ["What sentence should be imposed for manslaughter committed by unlawful and dangerous act or acts incidental to a joint criminal enterprise to enter the deceased's home and take a safe." "Whether the offender's criminality should be treated as less than that of co-offenders Charman and Horan." 'Whether special circumstances should be found under s 44(2) of the Crimes (Sentencing Procedure) Act 1999.' 'What credit should be given for pre-sentence custody referable to the offence.']

Ratio Decidendi

The offender was to be sentenced for manslaughter by unlawful and dangerous act or acts committed incidental to a joint criminal enterprise to invade the deceased's home and take a safe. The offence was objectively serious because it was committed in company, in the course of planned criminal activity, force against the victim was contemplated, and the victim was vulnerable, being alone, in bed, and mildly mentally handicapped. Although the offender joined the enterprise later than some co-offenders, he influenced the decision to carry it out that night, so his criminality was not less than theirs. His lack of remorse impeded rehabilitation, though family support gave fair prospects. A 10...

Court Disposition

The offender was sentenced to imprisonment for 10 years, comprising a non-parole period of 7 years and 6 months and a balance of term of 2 years and 6 months.

Orders

  • ['Zachary Aidan Boxx is sentenced to imprisonment with a non-parole period of 7 years 6 months commencing on 29 February 2008 and expiring on 28 August 2015.' 'The balance of the term of the sentence is to commence immediately thereafter for a further 2 years and 6 months, expiring on 28 February 2018.' 'The first...