R v Godfrey [2023] NSWSC 1312

R v Godfrey [2023] NSWSC 1312

The sentence for manslaughter in these circumstances reflects the offender's genuine but excessive self-defence, youth and trauma, early guilty plea, strong rehabilitation prospects, and special circumstances justifying an extended parole period. The final sentence is a total term of imprisonment of 4 years and 9 months, with a non-parole period of 2 years and 10 months.

Jurisdiction
Australia
Judgment Date
03 November 2023
Procedural Posture
Criminal / Sentencing After Guilty Plea to Manslaughter
Outcome
Offender sentenced for manslaughter; guilty plea entered; imprisonment imposed with non-parole period due to special circumstances.
Legal Topics
['sentencing' 'manslaughter' 'self Defence With Excessive Force' 'plea of Guilty' 'youthful Offenders' 'substance Use Disorder' 'remorse and Rehabilitation']
['criminal Law'] ['sentencing' 'manslaughter' 'self Defence With Excessive Force' 'plea of Guilty' 'youthful Offenders' 'substance Use Disorder' 'remorse and Rehabilitation']

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 After Guilty Plea to Manslaughter

Legal Issues

  1. 1 ['Appropriate sentence for manslaughter where self-defence with excessive force is established' 'Assessment of objective and subjective features relevant to sentencing discretion' 'Application of special circumstances for parole']

Ratio Decidendi

The sentence for manslaughter in these circumstances reflects the offender's genuine but excessive self-defence, youth and trauma, early guilty plea, strong rehabilitation prospects, and special circumstances justifying an extended parole period. The final sentence is a total term of imprisonment of 4 years and 9 months, with a non-parole period of 2 years and 10 months.

Court Disposition

Offender sentenced for manslaughter; guilty plea entered; imprisonment imposed with non-parole period due to special circumstances.

Orders

  • ['The offender is sentenced to a term of imprisonment of 4 years and 9 months commencing on 4 April 2021 and expiring on 3 January 2026.' 'A non-parole period of 2 years and 10 months expiring on 3 February 2024 is fixed.' 'The offender is to be warned in accordance with s 25C of the Crimes (High Risk Offenders) Act...