R v Aslett [2011] NSWSC 650

R v Aslett [2011] NSWSC 650

The offender participated in a joint criminal enterprise with his cousins to threaten or use unlawful violence against the deceased while armed, and anticipated the possibility of serious injury from his cousins' acts. While he did not directly cause the death, he armed himself and struck the deceased with a baseball bat. The offence was below mid-range seriousness for manslaughter. A 15 per cent discount for the late but utilitarian plea of guilty was appropriate. Due to his history of impulsivity, substance abuse, and inability to control anger, special circumstances were found, justifying a departure from the standard sentencing ratio. He was sentenced to 7 years' imprisonment, with a...

Parties
Prosecution: Crown; Offender: James Aslett
Jurisdiction
Australia
Judgment Date
01 July 2011
Procedural Posture
Criminal / Sentencing After Guilty Plea
Outcome
Offender sentenced to imprisonment for 7 years for manslaughter, with non-parole period of 4 years and 6 months and a balance of 2 years and 6 months. Parole eligibility on 12 May 2014.
Legal Topics
Sentencing, Manslaughter, Joint Criminal Enterprise, Plea of Guilty, Objective Seriousness, Special Circumstances
Criminal Law Sentencing Manslaughter Joint Criminal Enterprise Plea of Guilty Objective Seriousness Special Circumstances

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Parties

Crown

Prosecution

James Aslett

Offender

Procedural Posture

Criminal / Sentencing After Guilty Plea

Legal Issues

  1. 1 Appropriate sentence for manslaughter under joint criminal enterprise
  2. 2 Assessment of objective seriousness for manslaughter
  3. 3 Application of discount for plea of guilty

Ratio Decidendi

The offender participated in a joint criminal enterprise with his cousins to threaten or use unlawful violence against the deceased while armed, and anticipated the possibility of serious injury from his cousins' acts. While he did not directly cause the death, he armed himself and struck the deceased with a baseball bat. The offence was below mid-range seriousness for manslaughter. A 15 per cent discount for the late but utilitarian plea of guilty was appropriate. Due to his history of impulsivity, substance abuse, and inability to control anger, special circumstances were found, justifying a departure from the standard sentencing ratio. He was sentenced to 7 years' imprisonment, with a...

Court Disposition

Offender sentenced to imprisonment for 7 years for manslaughter, with non-parole period of 4 years and 6 months and a balance of 2 years and 6 months. Parole eligibility on 12 May 2014.

Orders

  • James Aslett is sentenced to imprisonment for 7 years for manslaughter of Slobodan Simic.
  • Non-parole period is 4 years and 6 months, commencing 12 November 2009 and expiring 11 May 2014.