STEPHENSON v R [2008] NSWCCA 266

STEPHENSON v R [2008] NSWCCA 266

The sentence of six years' imprisonment with a non-parole period of three and a half years was within the sentencing discretion. The sentencing judge had taken into account the applicant's plea, prompt admissions, remorse, acceptance of responsibility, good rehabilitation prospects, lack of prior violence and other mitigating factors. The case did not warrant a separate Ellis discount because the applicant's guilt was not otherwise unknown or unsuspected in the relevant sense. No error was shown in the assessment of seriousness, and the sentence was not manifestly excessive.

Jurisdiction
Australia
Judgment Date
13 November 2008
Procedural Posture
Criminal Sentence Appeal Concerning Manslaughter by Unlawful and Dangerous Act / Application for Leave to Appeal Against Sentence, Filed Out of Time
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['manslaughter' 'unlawful and Dangerous Act' 'manifest Excess' 'guilty Plea' 'admissions to Authorities' 'domestic Violence' 'non Parole Period' 'special Circumstances']
['criminal Law' 'sentencing'] ['manslaughter' 'unlawful and Dangerous Act' 'manifest Excess' 'guilty Plea' 'admissions to Authorities' 'domestic Violence' 'non Parole Period' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Sentence Appeal Concerning Manslaughter by Unlawful and Dangerous Act / Application for Leave to Appeal Against Sentence, Filed Out of Time

Legal Issues

  1. 1 ['Whether the sentence for manslaughter was manifestly excessive.' "Whether the sentencing judge erred by failing to give adequate separate credit for the applicant's admissions and concessions about the circumstances of the deceased's death." 'Whether the applicant should receive an extension of time and leave to appeal.']

Ratio Decidendi

The sentence of six years' imprisonment with a non-parole period of three and a half years was within the sentencing discretion. The sentencing judge had taken into account the applicant's plea, prompt admissions, remorse, acceptance of responsibility, good rehabilitation prospects, lack of prior violence and other mitigating factors. The case did not warrant a separate Ellis discount because the applicant's guilt was not otherwise unknown or unsuspected in the relevant sense. No error was shown in the assessment of seriousness, and the sentence was not manifestly excessive.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Grant leave to appeal.' 'Dismiss the appeal.']