R v Carney; R v Cambey [2012] NSWSC 1344

R v Carney; R v Cambey [2012] NSWSC 1344

Both Todd Carney and Luke Cambey were found guilty of manslaughter based on excessive self defence. The court determined custodial sentences for both, with the objective seriousness and aggravating factors reflected in Todd Carney’s longer sentence. The subjective circumstances, including mental health and prospects of rehabilitation, and the principle of parity, informed the departure from standard non-parole periods for both offenders.

Jurisdiction
Australia
Judgment Date
07 November 2012
Procedural Posture
Criminal / Sentencing
Outcome
Todd Carney and Luke Cambey sentenced to imprisonment for manslaughter.
Legal Topics
['manslaughter' 'excessive Self Defence' 'sentencing' 'aggravating and Mitigating Factors' 'deterrence' 'parity' 'victim Impact Statements']
['criminal Law'] ['manslaughter' 'excessive Self Defence' 'sentencing' 'aggravating and Mitigating Factors' 'deterrence' 'parity' 'victim Impact Statements']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['What sentence should be imposed for manslaughter where excessive self defence is found' 'Assessment of aggravating and mitigating factors' 'Appropriateness of custodial sentence versus alternatives' 'Determination of non-parole and total terms given subjective and objective factors' 'Parity between co-offenders in sentencing']

Ratio Decidendi

Both Todd Carney and Luke Cambey were found guilty of manslaughter based on excessive self defence. The court determined custodial sentences for both, with the objective seriousness and aggravating factors reflected in Todd Carney’s longer sentence. The subjective circumstances, including mental health and prospects of rehabilitation, and the principle of parity, informed the departure from standard non-parole periods for both offenders.

Court Disposition

Todd Carney and Luke Cambey sentenced to imprisonment for manslaughter.

Orders

  • ['Todd Carney sentenced to a non-parole period of 6 years imprisonment commencing 25 June 2010, expiring 24 June 2016, with a balance of term of 3 years expiring 24 June 2019. Eligible for parole from 24 June 2016.' 'Luke Cambey sentenced to a non-parole period of 5 years, 2 months imprisonment commencing 16...