Fuller v R [2022] NSWCCA 203

Fuller v R [2022] NSWCCA 203

The applicant was entitled to a mandatory 25% discount because he offered before committal to plead guilty to manslaughter, maintained that offer, and was found guilty of manslaughter. The sentencing judge's contrary application of a 20% discount was a discrete error capable of mathematical correction. The objective seriousness finding was open because the sentencing judge's findings were consistent with manslaughter by extreme provocation and excessive self-defence and included that the applicant brought and brandished two machetes, chased the deceased's vehicle and deliberately stabbed the deceased five times while he was in the driver's seat in a public street. Given that assessment...

Jurisdiction
Australia
Judgment Date
19 September 2022
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence Under S 5(1)(c) of the Criminal Appeal Act 1912 (nsw)
Outcome
Leave to appeal granted and appeal allowed in part.
Legal Topics
['manslaughter' 'guilty Plea Discount' 'early Appropriate Guilty Pleas Scheme' 'objective Seriousness' 'extreme Provocation' 'excessive Self Defence' 'manifest Excess']
['criminal Law' 'sentencing'] ['manslaughter' 'guilty Plea Discount' 'early Appropriate Guilty Pleas Scheme' 'objective Seriousness' 'extreme Provocation' 'excessive Self Defence' 'manifest Excess']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence Under S 5(1)(c) of the Criminal Appeal Act 1912 (nsw)

Legal Issues

  1. 1 ["Whether the sentencing judge erred by applying a 20% discount rather than a 25% discount for the applicant's offer to plead guilty to manslaughter before committal." 'Whether the sentencing judge erred in assessing the objective seriousness of the manslaughter as well above mid-range and more in the higher range.' 'Whether the sentence imposed for manslaughter was manifestly excessive.']

Ratio Decidendi

The applicant was entitled to a mandatory 25% discount because he offered before committal to plead guilty to manslaughter, maintained that offer, and was found guilty of manslaughter. The sentencing judge's contrary application of a 20% discount was a discrete error capable of mathematical correction. The objective seriousness finding was open because the sentencing judge's findings were consistent with manslaughter by extreme provocation and excessive self-defence and included that the applicant brought and brandished two machetes, chased the deceased's vehicle and deliberately stabbed the deceased five times while he was in the driver's seat in a public street. Given that assessment...

Court Disposition

Leave to appeal granted and appeal allowed in part.

Orders

  • ['Leave to appeal granted and the appeal allowed in part.' 'The sentence imposed by Cavanagh J on 9 November 2020 is quashed.' 'In lieu thereof, the applicant is sentenced to imprisonment for 8 years and 4 months.' 'The non-parole period of 5 years and 8 months will commence on 19 December 2018 and expire on 18...