R v Cioban [2002] NSWSC 972

R v Cioban [2002] NSWSC 972

The appropriate sentence for manslaughter where the offender believed his actions necessary for self-defence but his response was not reasonable, especially involving use of a firearm, must reflect the objective gravity of the crime. While favourable subjective features and lack of premeditation were considered, the deliberate, reckless use of a firearm causing death, in the absence of reasonable self-defence, required a significant custodial sentence; and, under the totality principle, sentences for malicious discharge of firearm and manslaughter are structured partly concurrently and partly cumulatively.

Parties
Prosecutor: Regina; Prisoner: Gheorghe Cioban
Jurisdiction
Australia
Judgment Date
18 October 2002
Procedural Posture
Criminal / Sentencing Judgment
Outcome
Convicted and sentenced
Legal Topics
Sentencing, Manslaughter, Unlawful Discharge of Firearm, Self Defence
Criminal Law Sentencing Manslaughter Unlawful Discharge of Firearm Self Defence

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Parties

Regina

Prosecutor

Gheorghe Cioban

Prisoner

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 Appropriate sentence for manslaughter committed in connection with self-defence and use of firearm
  2. 2 Appropriate sentence for malicious discharge of firearm with intent to do grievous bodily harm
  3. 3 Assessment of circumstances of self-defence under Crimes Act s.421(2)

Ratio Decidendi

The appropriate sentence for manslaughter where the offender believed his actions necessary for self-defence but his response was not reasonable, especially involving use of a firearm, must reflect the objective gravity of the crime. While favourable subjective features and lack of premeditation were considered, the deliberate, reckless use of a firearm causing death, in the absence of reasonable self-defence, required a significant custodial sentence; and, under the totality principle, sentences for malicious discharge of firearm and manslaughter are structured partly concurrently and partly cumulatively.

Court Disposition

Convicted and sentenced

Orders

  • For s.33A Crimes Act offence (malicious discharge of firearm with intent), fixed term of 18 months imprisonment from 17 June 2002.
  • For manslaughter, sentenced to 8 years imprisonment from 17 June 2003 to 16 June 2011, with a non-parole period of 5 years (eligible for parole on 16 June 2008).