R v Berrier [2006] NSWSC 1421

R v Berrier [2006] NSWSC 1421

The offender was subject to significant provocation and stabbed the deceased not with premeditation but as a reaction to events. However, the stabbing was not an act of excessive self-defence as the deceased was unarmed and the offender approached from behind; thus, sentencing was appropriately on the basis of manslaughter by provocation.

Jurisdiction
Australia
Judgment Date
21 December 2006
Procedural Posture
Criminal / Sentencing After Jury Verdict
Outcome
sentenced to imprisonment for nine years with six years non-parole
Legal Topics
['manslaughter' 'sentence' 'provocation' 'excessive Self Defence']
['criminal Law'] ['manslaughter' 'sentence' 'provocation' 'excessive Self Defence']

Case Brief

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Procedural Posture

Criminal / Sentencing After Jury Verdict

Legal Issues

  1. 1 ['whether offender should be sentenced for manslaughter by provocation or excessive self-defence' "assessment of offender's culpability" "impact of offender's intellectual and psychological profile on sentencing"]

Ratio Decidendi

The offender was subject to significant provocation and stabbed the deceased not with premeditation but as a reaction to events. However, the stabbing was not an act of excessive self-defence as the deceased was unarmed and the offender approached from behind; thus, sentencing was appropriately on the basis of manslaughter by provocation.

Court Disposition

sentenced to imprisonment for nine years with six years non-parole

Orders

  • ['imprisonment for nine years: non-parole period of six years commencing 19 April 2004 and expiring 18 April 2010; balance of term of three years commencing 19 April 2010 and expiring 18 April 2013' 'eligible for release on parole on 18 April 2010']