R v Bushell (No 20) [2023] NSWSC 1456

R v Bushell (No 20) [2023] NSWSC 1456

The offender was sentenced on the basis that, beyond reasonable doubt, he injected the deceased with a lethal cocktail of heroin and cocaine without consent or intention to kill or cause grievous bodily harm, constituting manslaughter. The manufacture and supply offences involved large commercial quantities and were found to be mid-range in objective seriousness. The sentences for drug offences were concurrent but cumulative in part with the manslaughter sentence, resulting in an aggregate sentence reflecting both totality and parity. Plea discounts and mental health were taken into account as special circumstances.

Jurisdiction
Australia
Judgment Date
17 November 2023
Procedural Posture
Criminal / Sentencing After Trial and Guilty Pleas
Outcome
Offender sentenced to imprisonment on aggregate sentence for manslaughter and drug offences.
Legal Topics
['sentencing' 'manslaughter' 'drug Offences' 'aggregate Sentence' 'parity' 'totality']
['criminal Law'] ['sentencing' 'manslaughter' 'drug Offences' 'aggregate Sentence' 'parity' 'totality']

Case Brief

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Procedural Posture

Criminal / Sentencing After Trial and Guilty Pleas

Legal Issues

  1. 1 ['Appropriate sentence for manslaughter arising from drug injection resulting in death' 'Appropriate sentence for manufacture and supply of large commercial quantities of prohibited drugs' 'Application of totality and concurrency principles in aggregate sentencing' 'Significance of subjective factors and mental health in sentencing' 'Effect of plea discounts and special circumstances']

Ratio Decidendi

The offender was sentenced on the basis that, beyond reasonable doubt, he injected the deceased with a lethal cocktail of heroin and cocaine without consent or intention to kill or cause grievous bodily harm, constituting manslaughter. The manufacture and supply offences involved large commercial quantities and were found to be mid-range in objective seriousness. The sentences for drug offences were concurrent but cumulative in part with the manslaughter sentence, resulting in an aggregate sentence reflecting both totality and parity. Plea discounts and mental health were taken into account as special circumstances.

Court Disposition

Offender sentenced to imprisonment on aggregate sentence for manslaughter and drug offences.

Orders

  • ['The offender is sentenced to an aggregate sentence of imprisonment: non-parole period of 12 years commencing 28 April 2017 and concluding 27 April 2029; balance of term 6 years, concluding 27 April 2035.' 'Offender first eligible for parole on 27 April 2029.' 'Pursuant to s 25C(1) of the Crimes (High Risk...