R v Aslett [2012] NSWSC 711

R v Aslett [2012] NSWSC 711

The offender participated in a joint criminal enterprise with knowledge that violence and the use of a weapon were contemplated and was sentenced for manslaughter on that basis. The objective seriousness lay just below the middle range of manslaughter, having regard to degree of planning, acquisition of weapons, and absence of direct action in the shooting. Early guilty plea, lack of demonstrated contrition, and special circumstances for parole were considered in the determination of sentence.

Jurisdiction
Australia
Judgment Date
29 June 2012
Procedural Posture
Criminal / Sentence
Outcome
Offender sentenced to imprisonment for 6 years and 3 months with a non-parole period of 4 years.
Legal Topics
['manslaughter' 'sentencing' 'joint Criminal Enterprise' 'guilty Plea' 'objective Seriousness']
['criminal Law'] ['manslaughter' 'sentencing' 'joint Criminal Enterprise' 'guilty Plea' 'objective Seriousness']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentence for manslaughter in joint criminal enterprise' 'Consideration of objective seriousness and subjective features' 'Whether special circumstances exist under s 44(2) Crimes (Sentencing Procedure) Act']

Ratio Decidendi

The offender participated in a joint criminal enterprise with knowledge that violence and the use of a weapon were contemplated and was sentenced for manslaughter on that basis. The objective seriousness lay just below the middle range of manslaughter, having regard to degree of planning, acquisition of weapons, and absence of direct action in the shooting. Early guilty plea, lack of demonstrated contrition, and special circumstances for parole were considered in the determination of sentence.

Court Disposition

Offender sentenced to imprisonment for 6 years and 3 months with a non-parole period of 4 years.

Orders

  • ['Douglas Aslett is sentenced to imprisonment for 6 years and 3 months for manslaughter, with a non-parole period of 4 years, commencing 2 August 2009, expiring 1 August 2013; balance of term 2 years and 3 months from 2 August 2013 to 1 November 2015; eligible for parole on 2 August 2013.']