Carbon, Leslie Raymond v The Queen [1984] FCA 93

Carbon, Leslie Raymond v The Queen [1984] FCA 93

The trial judge did not err in imposing 8 years imprisonment with hard labour or in fixing a 4 year non-parole period. Although the Crown accepted the manslaughter plea on the basis of no intention to kill and no intention to fire, the appellant deliberately armed himself with a familiar large calibre revolver, produced, cocked and pointed it when there was no necessity or rational justification, and that highly dangerous conduct required a substantial deterrent sentence. The non-parole period was within the reasonable exercise of judicial discretion and allowed for rehabilitation before release.

Jurisdiction
Australia
Judgment Date
13 April 1984
Procedural Posture
Criminal Appeal Against Severity of Sentence for Manslaughter / On Appeal From the Supreme Court of the Northern Territory of Australia
Outcome
Appeal dismissed
Legal Topics
['manslaughter' 'appeal Against Sentence' 'head Sentence' 'non Parole Period' 'deterrence' 'parole' 'firearm Use']
['criminal Law' 'sentencing'] ['manslaughter' 'appeal Against Sentence' 'head Sentence' 'non Parole Period' 'deterrence' 'parole' 'firearm Use']

Case Brief

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Procedural Posture

Criminal Appeal Against Severity of Sentence for Manslaughter / On Appeal From the Supreme Court of the Northern Territory of Australia

Legal Issues

  1. 1 ['Whether the sentence of imprisonment with hard labour for 8 years was manifestly excessive or otherwise affected by sentencing error.' 'Whether the non-parole period of 4 years was excessive or otherwise outside a reasonable exercise of judicial discretion.']

Ratio Decidendi

The trial judge did not err in imposing 8 years imprisonment with hard labour or in fixing a 4 year non-parole period. Although the Crown accepted the manslaughter plea on the basis of no intention to kill and no intention to fire, the appellant deliberately armed himself with a familiar large calibre revolver, produced, cocked and pointed it when there was no necessity or rational justification, and that highly dangerous conduct required a substantial deterrent sentence. The non-parole period was within the reasonable exercise of judicial discretion and allowed for rehabilitation before release.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal be dismissed.']