R v Hogan [2004] NSWSC 959

R v Hogan [2004] NSWSC 959

The offender's culpability for manslaughter was very low on the agreed facts, but his deliberate acceleration of the vehicle created an appreciable risk of serious injury and caused the deceased's death. Taking into account the early guilty plea, remorse, limited prior offending, good conduct in custody, first significant sentence of imprisonment and need for extended assistance on parole, a sentence of 4 years imprisonment with a non-parole period of 2 years and 3 months was appropriate.

Jurisdiction
Australia
Judgment Date
15 October 2004
Procedural Posture
Criminal Sentencing for Manslaughter by Unlawful and Dangerous Act / Sentence After Plea of Guilty to Manslaughter Accepted in Discharge of Indictment for Murder
Outcome
Offender sentenced to imprisonment for 4 years; non-parole period of 2 years 3 months fixed.
Legal Topics
['sentencing' 'manslaughter by Unlawful and Dangerous Act' 'guilty Plea' 'non Parole Period']
['criminal Law'] ['sentencing' 'manslaughter by Unlawful and Dangerous Act' 'guilty Plea' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentencing for Manslaughter by Unlawful and Dangerous Act / Sentence After Plea of Guilty to Manslaughter Accepted in Discharge of Indictment for Murder

Legal Issues

  1. 1 ["The appropriate sentence for the offender's plea of guilty to manslaughter by unlawful and dangerous act." "The effect of the offender's early guilty plea, remorse, personal circumstances and low criminality on sentence and non-parole period."]

Ratio Decidendi

The offender's culpability for manslaughter was very low on the agreed facts, but his deliberate acceleration of the vehicle created an appreciable risk of serious injury and caused the deceased's death. Taking into account the early guilty plea, remorse, limited prior offending, good conduct in custody, first significant sentence of imprisonment and need for extended assistance on parole, a sentence of 4 years imprisonment with a non-parole period of 2 years and 3 months was appropriate.

Court Disposition

Offender sentenced to imprisonment for 4 years; non-parole period of 2 years 3 months fixed.

Orders

  • ['Phillip Raymond Hogan is sentenced to imprisonment for four years.' 'The sentence is taken to have commenced on 19 September 2002 and will end on 18 September 2006.' 'A non-parole period of two years and three months is fixed, expiring on 18 December 2004.' 'The offender will become eligible for release on parole...