R v Smith (No.4) [2014] NSWSC 1069

R v Smith (No.4) [2014] NSWSC 1069

The offender was sentenced for manslaughter based on a finding that, while he believed it necessary to defend himself, the force used (shooting with a rifle) was manifestly excessive and not a reasonable response. Aggravating factors included prior convictions for serious violence and committing the offence while on parole. Limited mitigation was found; a 25% sentencing discount was applied for the early offer to plead guilty. A total sentence of 12 years imprisonment was imposed, with a non-parole period of 9 years.

Parties
Prosecution: The Crown; Offender: Graham Smith
Jurisdiction
Australia
Judgment Date
08 August 2014
Procedural Posture
Criminal / Sentencing After Trial Verdict
Outcome
Convicted and sentenced
Legal Topics
Sentencing, Manslaughter, Excessive Self Defence, Aggravating Factors, Mitigating Factors, Non Parole Period
Criminal Law Sentencing Manslaughter Excessive Self Defence Aggravating Factors Mitigating Factors Non Parole Period

Case Brief

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Parties

The Crown

Prosecution

Graham Smith

Offender

Procedural Posture

Criminal / Sentencing After Trial Verdict

Legal Issues

  1. 1 Appropriate sentence for manslaughter where excessive self-defence is found
  2. 2 Application of aggravating and mitigating factors in sentencing for manslaughter
  3. 3 Effect of previous convictions and parole status on sentence

Ratio Decidendi

The offender was sentenced for manslaughter based on a finding that, while he believed it necessary to defend himself, the force used (shooting with a rifle) was manifestly excessive and not a reasonable response. Aggravating factors included prior convictions for serious violence and committing the offence while on parole. Limited mitigation was found; a 25% sentencing discount was applied for the early offer to plead guilty. A total sentence of 12 years imprisonment was imposed, with a non-parole period of 9 years.

Court Disposition

Convicted and sentenced

Orders

  • A non-parole period of 9 years commencing on 12 February 2013 and concluding on 11 February 2022.
  • A balance of term of 3 years expiring on 11 February 2025.