R v Charters [2020] NSWSC 842

R v Charters [2020] NSWSC 842

The offender applied excessive force in self-defence resulting in the death of the deceased, with conduct falling well below mid-range of objective seriousness due to fear for personal and others' safety, lack of intent to kill, and mitigating factors including remorse and troubled upbringing, but insufficient medical evidence to support findings of mental disorder or intellectual disability for further mitigation.

Jurisdiction
Australia
Judgment Date
03 July 2020
Procedural Posture
Criminal / Sentence
Outcome
conviction and custodial sentence
Legal Topics
['manslaughter' 'excessive Self Defence' 'sentencing' 'mental Health' 'objective Seriousness' 'remorse' 'rehabilitation']
['criminal Law'] ['manslaughter' 'excessive Self Defence' 'sentencing' 'mental Health' 'objective Seriousness' 'remorse' 'rehabilitation']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentence for manslaughter committed during excessive self-defence' "Whether offender's mental illness or possible traumatic brain injury affects moral culpability and sentencing" 'Extent of objective seriousness below mid-range for manslaughter' 'Mitigatory effect of upbringing and remorse']

Ratio Decidendi

The offender applied excessive force in self-defence resulting in the death of the deceased, with conduct falling well below mid-range of objective seriousness due to fear for personal and others' safety, lack of intent to kill, and mitigating factors including remorse and troubled upbringing, but insufficient medical evidence to support findings of mental disorder or intellectual disability for further mitigation.

Court Disposition

conviction and custodial sentence

Orders

  • ['The offender is sentenced to a term of imprisonment comprising a non-parole period of 2 years 9 months, and a balance of term of 2 years. The total sentence is 4 years 9 months, commencing from 19 January 2018 and expiring on 18 October 2022. The offender will become eligible for possible release on parole when...