R v Seelin [2009] NSWSC 286

R v Seelin [2009] NSWSC 286

The Crown proved beyond reasonable doubt that the revolver did not discharge accidentally, but the Court was not satisfied that the offender intended to kill the deceased or cause grievous bodily harm. The offender deliberately fired the loaded revolver generally in the direction of the deceased during a threatening confrontation, after unlawfully possessing and carrying it for weeks or months, creating a high level of objective seriousness for manslaughter by unlawful and dangerous act. His prior good character, remorse, low risk of reoffending, prospects of rehabilitation and guilty plea mitigated sentence, but special circumstances were not established. Because the firearm possession...

Jurisdiction
Australia
Judgment Date
17 April 2009
Procedural Posture
Criminal Sentence / Remarks on Sentence After Pleas of Guilty to Manslaughter and Unlawful Possession of a Firearm
Outcome
The offender was sentenced to imprisonment for manslaughter and unlawful possession of a firearm, with the firearm sentence to be served concurrently and parole eligibility on 1 January 2013.
Legal Topics
['manslaughter by Unlawful and Dangerous Act' 'unlawful Possession of a Firearm' 'accidental Discharge of Firearm' 'objective Seriousness' 'plea of Guilty' 'concurrency and Totality' 'special Circumstances']
['criminal Law' 'sentencing'] ['manslaughter by Unlawful and Dangerous Act' 'unlawful Possession of a Firearm' 'accidental Discharge of Firearm' 'objective Seriousness' 'plea of Guilty' 'concurrency and Totality' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Sentence / Remarks on Sentence After Pleas of Guilty to Manslaughter and Unlawful Possession of a Firearm

Legal Issues

  1. 1 ['Whether the revolver discharged accidentally or by the offender deliberately cocking and firing it.' 'Whether the offender intended to kill the deceased or inflict grievous bodily harm when firing the revolver.' 'The objective seriousness of the manslaughter and firearm offences.' 'Whether the sentence for the firearm offence should be accumulated or served concurrently with the manslaughter sentence.' 'Whether special circumstances justified varying the statutory ratio between head sentence and non-parole period.']

Ratio Decidendi

The Crown proved beyond reasonable doubt that the revolver did not discharge accidentally, but the Court was not satisfied that the offender intended to kill the deceased or cause grievous bodily harm. The offender deliberately fired the loaded revolver generally in the direction of the deceased during a threatening confrontation, after unlawfully possessing and carrying it for weeks or months, creating a high level of objective seriousness for manslaughter by unlawful and dangerous act. His prior good character, remorse, low risk of reoffending, prospects of rehabilitation and guilty plea mitigated sentence, but special circumstances were not established. Because the firearm possession...

Court Disposition

The offender was sentenced to imprisonment for manslaughter and unlawful possession of a firearm, with the firearm sentence to be served concurrently and parole eligibility on 1 January 2013.

Orders

  • ['On the charge of manslaughter, Mark Patrick Seelin was sentenced to a non-parole period of 5 years and 4 months, to date from 2 September 2007 and expiring on 1 January 2013, with a balance of term of 1 year and 10 months expiring on 1 November 2014.' 'On the charge of unlawful possession of a firearm, Mark...