R v WEBB [2002] NSWSC 618

R v WEBB [2002] NSWSC 618

The appropriate sentence for manslaughter in these circumstances, where death was caused by a non-premeditated unlawful and dangerous act arising from frustration, anger, or temper, is seven and a half years imprisonment with a non-parole period of four and a half years, taking into account mitigation factors and a discount for the late guilty plea.

Jurisdiction
Australia
Judgment Date
28 June 2002
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
['manslaughter' 'child Death' 'sentencing' 'discount for Plea' 'mitigation' 'aboriginality' 'remorse' 'rehabilitation' 'non Parole Period']
['criminal Law'] ['manslaughter' 'child Death' 'sentencing' 'discount for Plea' 'mitigation' 'aboriginality' 'remorse' 'rehabilitation' 'non Parole Period']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for manslaughter arising from non-premeditated unlawful and dangerous act causing death of a child' 'Consideration of mitigation (Aboriginality, remorse, rehabilitation prospects)' 'Discount for guilty plea' 'Special circumstances finding']

Ratio Decidendi

The appropriate sentence for manslaughter in these circumstances, where death was caused by a non-premeditated unlawful and dangerous act arising from frustration, anger, or temper, is seven and a half years imprisonment with a non-parole period of four and a half years, taking into account mitigation factors and a discount for the late guilty plea.

Court Disposition

convicted and sentenced

Orders

  • ['Imprisonment for 7.5 years' 'Non-parole period of 4.5 years' 'Both periods date from 30 November 2000' 'Eligible for parole on 29 April 2005']