Regina v Avakian [2003] NSWSC 1042

Regina v Avakian [2003] NSWSC 1042

The offender was to be sentenced for manslaughter by an unlawful and dangerous act on the basis that he acted in concert with others with a shared intention to assault the deceased, carrying an appreciable risk of serious injury, and personally punched the deceased several times. Although he did not stab the deceased and was not shown to know of any knife, imprisonment was the only appropriate penalty. His conduct was aggravated by his pivotal instigation of the events leading to the assault and by the fact that he was subject to periodic detention orders and a bond at the time. Mitigating factors included the lack of planning, expressions of remorse, youth, subjective circumstances,...

Jurisdiction
Australia
Judgment Date
21 November 2003
Procedural Posture
Criminal Sentencing for Manslaughter Following Plea of Guilty / Sentence
Outcome
Sentenced to imprisonment for 5 years and 6 months with a non-parole period of 3 years and 6 months.
Legal Topics
['manslaughter by Unlawful and Dangerous Act' 'acting in Concert' 'guilty Plea Discount' 'aggravating and Mitigating Factors' 'non Parole Period' 'rehabilitation']
['criminal Law' 'sentencing'] ['manslaughter by Unlawful and Dangerous Act' 'acting in Concert' 'guilty Plea Discount' 'aggravating and Mitigating Factors' 'non Parole Period' 'rehabilitation']

Case Brief

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Procedural Posture

Criminal Sentencing for Manslaughter Following Plea of Guilty / Sentence

Legal Issues

  1. 1 ['What sentence should be imposed for manslaughter by an unlawful and dangerous act where the offender acted in concert with others in an assault that carried an appreciable risk of serious injury.' 'Whether the offender was the instigator of the events leading to the assault and whether that aggravated the offence.' "What allowance should be made for the offender's plea of guilty, remorse, youth, background and prospects of rehabilitation." 'Whether special circumstances justified a variation of the statutory proportion between the head sentence and non-parole period.']

Ratio Decidendi

The offender was to be sentenced for manslaughter by an unlawful and dangerous act on the basis that he acted in concert with others with a shared intention to assault the deceased, carrying an appreciable risk of serious injury, and personally punched the deceased several times. Although he did not stab the deceased and was not shown to know of any knife, imprisonment was the only appropriate penalty. His conduct was aggravated by his pivotal instigation of the events leading to the assault and by the fact that he was subject to periodic detention orders and a bond at the time. Mitigating factors included the lack of planning, expressions of remorse, youth, subjective circumstances,...

Court Disposition

Sentenced to imprisonment for 5 years and 6 months with a non-parole period of 3 years and 6 months.

Orders

  • ['Danny Avakian is sentenced to a term of five years and six months imprisonment commencing on 21 October 2002.' 'A non-parole period of three years and six months is set, commencing on 21 October 2002 and ending on 20 April 2006.' 'The offender will be eligible to be released to parole on 20 April 2006.' 'The Court...