R v PRICE [2004] NSWSC 868

The court was satisfied that while the offender intended to cause grievous bodily harm, there remained a reasonable possibility that he believed it necessary to stab the deceased to defend himself, but his conduct was unreasonable in the circumstances as he perceived them, justifying a conviction for manslaughter by excessive self-defence rather than murder.

Jurisdiction: Australia
Judgment Date: 23 September 2004
Procedural Posture: Criminal / Sentencing After Guilty Plea to Manslaughter
Outcome: Offender sentenced to imprisonment for eight years with a non-parole period of five years.
Legal Topics: ['sentencing' 'self Defence' 'manslaughter']

['criminal Law'] ['sentencing' 'self Defence' 'manslaughter']

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Procedural Posture

Criminal / Sentencing After Guilty Plea to Manslaughter

Legal Issues

1 ['What is the appropriate sentence for manslaughter in the context of excessive self-defence?' 'Was there an intent to cause grievous bodily harm or to kill?' 'What is the basis for the plea of manslaughter rather than murder?']

Ratio Decidendi

Court Disposition

Offender sentenced to imprisonment for eight years with a non-parole period of five years.

Orders

['Offender sentenced to eight years imprisonment.' 'Non-parole period of five years set.' 'Sentence deemed to have commenced 10 February 2003.' 'Eligible for parole on 9 February 2008.' 'Sentence expires on 9 February 2011.']