R v Phanekham (No 3) [2014] NSWSC 508

R v Phanekham (No 3) [2014] NSWSC 508

The offender is sentenced for manslaughter by unlawful and dangerous act as he deliberately stabbed the victim without intent to kill or cause grievous bodily harm, did so after escalation, was not impaired by intoxication, had prior relevant criminal conduct, and did not demonstrate sufficient mitigating factors or special circumstances for parole ratio adjustment.

Jurisdiction
Australia
Judgment Date
02 May 2014
Procedural Posture
Criminal / Sentencing After Trial and Conviction for Manslaughter
Outcome
Convicted and sentenced
Legal Topics
['manslaughter' 'sentencing' 'unlawful and Dangerous Act' 'excessive Self Defence' 'intoxication' 'prior Criminal Record' 'psychiatric Condition' 'prospects of Rehabilitation' 'discount for Plea' 'remorse' 'special Circumstances']
['criminal Law'] ['manslaughter' 'sentencing' 'unlawful and Dangerous Act' 'excessive Self Defence' 'intoxication' 'prior Criminal Record' 'psychiatric Condition' 'prospects of Rehabilitation' 'discount for Plea' 'remorse' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal / Sentencing After Trial and Conviction for Manslaughter

Legal Issues

  1. 1 ['Basis for manslaughter conviction: unlawful and dangerous act or excessive self defence' 'Role of intoxication in commission of offence and sentencing' "Impact of offender's prior criminal record on sentencing" 'Aggravating and mitigating factors for sentencing' 'Prospects of rehabilitation and likelihood of re-offending' 'Whether special circumstances for parole ratio are present']

Ratio Decidendi

The offender is sentenced for manslaughter by unlawful and dangerous act as he deliberately stabbed the victim without intent to kill or cause grievous bodily harm, did so after escalation, was not impaired by intoxication, had prior relevant criminal conduct, and did not demonstrate sufficient mitigating factors or special circumstances for parole ratio adjustment.

Court Disposition

Convicted and sentenced

Orders

  • ['Offender is convicted for manslaughter' 'Sentence of imprisonment for eight years commencing 20 June 2012' 'Non-parole period of six years commencing 20 June 2012' 'Balance of term of two years commencing 20 June 2018' 'Offender eligible for parole on 20 June 2018' 'Sentence expires on 19 June 2020' 'Offender...