R v TT; ET; RT [2009] NSWSC 437

R v TT; ET; RT [2009] NSWSC 437

All three offenders were convicted of manslaughter based on participation in an affray involving excessive self-defence and the use of weapons; sentencing was influenced by the degree of provocation, their pleas of guilty, subjective features, and the aggravating use of weapons. Sentences were set reflecting a balance between general deterrence, punishment, and the individual subjective circumstances, applying legislative and guideline considerations for the timing of the guilty plea and age of the juvenile offender.

Parties
Crown: Regina; First Offender: TT; Second Offender: ET; Third Offender: RT
Jurisdiction
Australia
Judgment Date
20 May 2009
Procedural Posture
Criminal / Sentencing
Outcome
All offenders convicted of manslaughter; custodial sentences imposed with specified non-parole periods and parole eligibility dates. RT's sentence to be served as a juvenile offender.
Legal Topics
Sentence, Manslaughter, Excessive Self Defence, Affray, Use of Weapons, Guilty Plea, Provocation
Criminal Law Sentence Manslaughter Excessive Self Defence Affray Use of Weapons Guilty Plea Provocation

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Parties

Regina

Crown

TT

First Offender

ET

Second Offender

RT

Third Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Sentencing for manslaughter on basis of excessive self defence
  2. 2 Liability in affray where serious injury could be foreseen
  3. 3 Sentencing considerations for juvenile offender

Ratio Decidendi

All three offenders were convicted of manslaughter based on participation in an affray involving excessive self-defence and the use of weapons; sentencing was influenced by the degree of provocation, their pleas of guilty, subjective features, and the aggravating use of weapons. Sentences were set reflecting a balance between general deterrence, punishment, and the individual subjective circumstances, applying legislative and guideline considerations for the timing of the guilty plea and age of the juvenile offender.

Court Disposition

All offenders convicted of manslaughter; custodial sentences imposed with specified non-parole periods and parole eligibility dates. RT's sentence to be served as a juvenile offender.

Orders

  • RT: Convicted of manslaughter; non-parole period 3 years 6 months from 9 January 2007 to 8 July 2010, balance of term 3 years to 8 July 2013, parole eligibility 9 July 2010, to be served as juvenile offender.
  • TT: Convicted of manslaughter; non-parole period 3 years 3 months from 6 January 2007 to 5 April 2010, balance of term 3 years to 5 April 2013, parole eligibility 6 April 2010.