R v Risteski [1999] NSWSC 1248

R v Risteski [1999] NSWSC 1248

The sentence must reflect the seriousness of the unlawful and dangerous act resulting in death, promote general and personal deterrence, but also recognise the prisoner's youth, remorse, family support, prospects of rehabilitation, and early custody, justifying a minimum term of 3 years and 4 months with an additional term of 2 years.

Jurisdiction
Australia
Judgment Date
13 December 1999
Procedural Posture
Criminal / Sentencing
Outcome
Steve Risteski sentenced to penal servitude for a minimum term of 3 years and 4 months from 13 December 1999, with an additional term of 2 years. Eligible for parole on 12 April 2003.
Legal Topics
['sentencing' 'manslaughter' 'unlawful and Dangerous Act' 'brawl' 'alcohol Related Offence']
['criminal Law'] ['sentencing' 'manslaughter' 'unlawful and Dangerous Act' 'brawl' 'alcohol Related Offence']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for manslaughter committed by unlawful and dangerous act' 'Consideration of aggravating and mitigating circumstances, including alcohol consumption and remorse']

Ratio Decidendi

The sentence must reflect the seriousness of the unlawful and dangerous act resulting in death, promote general and personal deterrence, but also recognise the prisoner's youth, remorse, family support, prospects of rehabilitation, and early custody, justifying a minimum term of 3 years and 4 months with an additional term of 2 years.

Court Disposition

Steve Risteski sentenced to penal servitude for a minimum term of 3 years and 4 months from 13 December 1999, with an additional term of 2 years. Eligible for parole on 12 April 2003.

Orders

  • ['Sentence of 3 years and 4 months minimum term from 13 December 1999' 'Additional term of 2 years fixed' 'Eligibility for parole on 12 April 2003' 'Exhibits may be returned']