Black v R [2022] NSWCCA 17

Black v R [2022] NSWCCA 17

If an accused’s offer to plead guilty to a lesser alternative offence is not initially accepted by the prosecutor but is later accepted after committal, and the offer was recorded in a negotiations document, the sentencing discount is determined by s 25E(2) and (3)(a), entitling the accused to a 25% reduction. The relevant offence for the purposes of s 25E(2)(b) was the principal offence (here, murder), and manslaughter was a 'different offence' notwithstanding its nomination in the charge or case conference certificate.

Parties
Applicant: Benjamin Black; Respondent: The Crown
Jurisdiction
Australia
Judgment Date
11 February 2022
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence; Resentencing
Outcome
Appeal allowed; sentence quashed; applicant resentenced
Legal Topics
Sentencing, Manslaughter, Guilty Plea Discounts, Statutory Construction, Utilitarian Discount
Criminal Law Sentencing Manslaughter Guilty Plea Discounts Statutory Construction Utilitarian Discount

Case Brief

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Parties

Benjamin Black

Applicant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence; Resentencing

Legal Issues

  1. 1 Whether the applicant was entitled to a 25% or 10% sentencing discount under Div 1A of Pt 3 of the Crimes (Sentencing Procedure) Act 1999 (NSW) for a guilty plea to manslaughter when the plea offer was initially rejected but ultimately accepted by the Crown.

Ratio Decidendi

If an accused’s offer to plead guilty to a lesser alternative offence is not initially accepted by the prosecutor but is later accepted after committal, and the offer was recorded in a negotiations document, the sentencing discount is determined by s 25E(2) and (3)(a), entitling the accused to a 25% reduction. The relevant offence for the purposes of s 25E(2)(b) was the principal offence (here, murder), and manslaughter was a 'different offence' notwithstanding its nomination in the charge or case conference certificate.

Court Disposition

Appeal allowed; sentence quashed; applicant resentenced

Orders

  • Leave to appeal granted
  • Appeal allowed, sentence imposed in the Supreme Court quashed