R v Scott (No 6) [2015] NSWSC 678

R v Scott (No 6) [2015] NSWSC 678

The fatal wound had to have been inflicted at the early point when the offender was not under attack, had already bested Connor Young, produced the multi-tool, flicked out the blade, and used it against Riley Dehn. The partial defence of excessive self-defence was not available at that point. The offender intended to cause grievous bodily harm, willingly engaged in a public fist fight, quickly introduced a blade and used it without hesitation against an unarmed man, then failed to render aid. The offence was spontaneous and not in the worst category, but the offender's criminal history and lack of remorse or demonstrated rehabilitation meant there was little subjective mitigation and no...

Jurisdiction
Australia
Judgment Date
29 May 2015
Procedural Posture
Criminal Sentencing for Murder / Sentencing After Jury Verdict of Guilty at Trial
Outcome
Michael Vincent Scott was convicted of murder and sentenced to imprisonment with a non-parole period of 18 years and an overall term of 24 years.
Legal Topics
['murder' 'use of a Knife' 'excessive Self Defence' 'fact Finding After Jury Verdict' 'standard Non Parole Period' 'objective Seriousness']
['criminal Law' 'sentencing'] ['murder' 'use of a Knife' 'excessive Self Defence' 'fact Finding After Jury Verdict' 'standard Non Parole Period' 'objective Seriousness']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentencing for Murder / Sentencing After Jury Verdict of Guilty at Trial

Legal Issues

  1. 1 ["What facts were established consistently with the jury's verdict of guilty to murder." 'Whether the offender acted in self-defence or excessive self-defence when the fatal wound was inflicted.' 'How the use of the blade of a multi-tool affected the objective seriousness and moral culpability of the offence.' "Whether the offender's post-offence conduct increased the gravity of the murder." 'What sentence should be imposed for murder having regard to objective gravity, personal circumstances, criminal history, deterrence, protection of the community, punishment, denunciation and rehabilitation.']

Ratio Decidendi

The fatal wound had to have been inflicted at the early point when the offender was not under attack, had already bested Connor Young, produced the multi-tool, flicked out the blade, and used it against Riley Dehn. The partial defence of excessive self-defence was not available at that point. The offender intended to cause grievous bodily harm, willingly engaged in a public fist fight, quickly introduced a blade and used it without hesitation against an unarmed man, then failed to render aid. The offence was spontaneous and not in the worst category, but the offender's criminal history and lack of remorse or demonstrated rehabilitation meant there was little subjective mitigation and no...

Court Disposition

Michael Vincent Scott was convicted of murder and sentenced to imprisonment with a non-parole period of 18 years and an overall term of 24 years.

Orders

  • ['The offender, Michael Vincent Scott, is convicted.' 'He is sentenced to a term of imprisonment comprising a non parole period of 18 years which is to date from 6 April 2013 and expire on 5 April 2031.' 'There is an overall term of imprisonment of 24 years which will expire on 5 April 2037.' 'The offender will be...