R v CHARMAN [2007] NSWSC 1177

R v CHARMAN [2007] NSWSC 1177

Having regard to the prisoner's participation in a planned home invasion intended to render the victim unconscious, the death caused by co-offenders' attack, the prisoner's conditional liberty, the aggravating entry and planning, and his subjective circumstances, a starting point of 10 years' imprisonment was appropriate. A combined 40% discount for the early guilty plea and assistance was warranted, but not 50% because the assistance was not at the top of the range. Special circumstances were found because this was the prisoner's first time in custody and he was relatively young.

Jurisdiction
Australia
Judgment Date
12 October 2007
Procedural Posture
Remarks on Sentence for Manslaughter by Unlawful and Dangerous Act / Sentencing After Guilty Plea
Outcome
The prisoner was sentenced to imprisonment for a non-parole period of 4 years dating from 17 April 2006, together with a further term of 2 years dating from 17 April 2010.
Legal Topics
['manslaughter by Unlawful and Dangerous Act' 'home Invasion' 'guilty Plea Discount' 'assistance to Authorities' 'aggravating and Mitigating Factors' 'non Parole Period' 'special Circumstances']
['criminal Law' 'sentencing'] ['manslaughter by Unlawful and Dangerous Act' 'home Invasion' 'guilty Plea Discount' 'assistance to Authorities' 'aggravating and Mitigating Factors' 'non Parole Period' 'special Circumstances']

Case Brief

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Procedural Posture

Remarks on Sentence for Manslaughter by Unlawful and Dangerous Act / Sentencing After Guilty Plea

Legal Issues

  1. 1 ["What sentence should be imposed for the prisoner's manslaughter of Michael Joseph Healy by an unlawful and dangerous act." "What allowance should be made for the prisoner's early guilty plea and assistance given and offered to authorities." 'What aggravating and mitigating factors under section 21A of the Crimes (Sentencing Procedure) Act should affect the sentence.' 'Whether special circumstances justified a non-parole period shorter than the statutory ratio.']

Ratio Decidendi

Having regard to the prisoner's participation in a planned home invasion intended to render the victim unconscious, the death caused by co-offenders' attack, the prisoner's conditional liberty, the aggravating entry and planning, and his subjective circumstances, a starting point of 10 years' imprisonment was appropriate. A combined 40% discount for the early guilty plea and assistance was warranted, but not 50% because the assistance was not at the top of the range. Special circumstances were found because this was the prisoner's first time in custody and he was relatively young.

Court Disposition

The prisoner was sentenced to imprisonment for a non-parole period of 4 years dating from 17 April 2006, together with a further term of 2 years dating from 17 April 2010.

Orders

  • ['I sentence the Prisoner to imprisonment for a non-parole period of 4 years dating from 17 April 2006, together with a further term of 2 years dating from 17 April 2010.' 'The judge declined to alter the sentence commencement date after the addendum and left the sentence as imposed.']