R v McNeil (No 4) [2015] NSWSC 1198

R v McNeil (No 4) [2015] NSWSC 1198

The manslaughter was an extremely serious example of involuntary manslaughter by unlawful and dangerous act: the offender, while intoxicated, unnecessarily and without warning delivered a ferocious punch to an innocent young man who was no threat to him, causing fatal injury. His prior violence denied leniency, although remorse and reasonable prospects of rehabilitation were accepted. A 25 per cent discount was applied for the indicated guilty pleas, some accumulation was required because there were separate victims, and an aggregate sentence of imprisonment was appropriate.

Jurisdiction
Australia
Judgment Date
27 August 2015
Procedural Posture
Criminal Sentence / Sentence After Jury Verdict of Guilty of Manslaughter and Guilty Pleas to Assault Occasioning Actual Bodily Harm and Assault
Outcome
Convicted of each offence and sentenced to an aggregate term of imprisonment of 10 years with a non-parole period of 7 years 6 months.
Legal Topics
['manslaughter by Unlawful and Dangerous Act' 'assault Occasioning Actual Bodily Harm' 'assault' 'intoxication' 'guilty Plea Discount' 'general Deterrence' 'retribution' 'totality' 'aggregate Sentence']
['criminal Law' 'sentencing'] ['manslaughter by Unlawful and Dangerous Act' 'assault Occasioning Actual Bodily Harm' 'assault' 'intoxication' 'guilty Plea Discount' 'general Deterrence' 'retribution' 'totality' 'aggregate Sentence']

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Procedural Posture

Criminal Sentence / Sentence After Jury Verdict of Guilty of Manslaughter and Guilty Pleas to Assault Occasioning Actual Bodily Harm and Assault

Legal Issues

  1. 1 ['What sentence should be imposed for the manslaughter of Daniel Christie, the assault occasioning actual bodily harm of Peter Christie and the assault of JF.' 'Whether the manslaughter should be sentenced as manslaughter by unlawful and dangerous act rather than excessive self-defence.' "The objective seriousness of the offences, including the offender's intoxication, mistaken belief, criminal history, remorse and prospects of rehabilitation." "The appropriate discount for the offender's indicated guilty pleas and the extent of accumulation between sentences."]

Ratio Decidendi

The manslaughter was an extremely serious example of involuntary manslaughter by unlawful and dangerous act: the offender, while intoxicated, unnecessarily and without warning delivered a ferocious punch to an innocent young man who was no threat to him, causing fatal injury. His prior violence denied leniency, although remorse and reasonable prospects of rehabilitation were accepted. A 25 per cent discount was applied for the indicated guilty pleas, some accumulation was required because there were separate victims, and an aggregate sentence of imprisonment was appropriate.

Court Disposition

Convicted of each offence and sentenced to an aggregate term of imprisonment of 10 years with a non-parole period of 7 years 6 months.

Orders

  • ['Convicted in respect of each offence.' 'If not for the imposition of an aggregate sentence the Court would have imposed a sentence of 6 months for the assault upon JF, 1 year 6 months for the assault occasioning actual bodily harm upon Peter Christie, and 9 years for the manslaughter of Daniel Christie, each...