R v Forbes [2011] NSWSC 1547

R v Forbes [2011] NSWSC 1547

The offender is sentenced for manslaughter on the basis of participation in a joint criminal enterprise to assault and cause actual bodily harm, with knowledge of the presence of a loaded firearm; the death was not desired or anticipated by the offender, whose culpability is at the lower end. Having regard to aggravating and mitigating factors—including early plea, assistance to authorities, vulnerability, special circumstances, and the combined 50% discount—the appropriate sentence is imprisonment for 3 years, with a non-parole period of 1 year and 6 months.

Parties
Prosecution: Crown; Offender: Daniel James Forbes
Jurisdiction
Australia
Judgment Date
16 December 2011
Procedural Posture
Criminal / Sentencing
Outcome
Sentenced to imprisonment
Legal Topics
Manslaughter, Sentencing, Joint Criminal Enterprise, Discount for Early Plea, Assistance to Authorities, Special Circumstances
Criminal Law Manslaughter Sentencing Joint Criminal Enterprise Discount for Early Plea Assistance to Authorities Special Circumstances

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Parties

Crown

Prosecution

Daniel James Forbes

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for manslaughter under a joint criminal enterprise
  2. 2 Factors for sentencing including aggravating and mitigating circumstances
  3. 3 Application of discount for early plea and assistance

Ratio Decidendi

The offender is sentenced for manslaughter on the basis of participation in a joint criminal enterprise to assault and cause actual bodily harm, with knowledge of the presence of a loaded firearm; the death was not desired or anticipated by the offender, whose culpability is at the lower end. Having regard to aggravating and mitigating factors—including early plea, assistance to authorities, vulnerability, special circumstances, and the combined 50% discount—the appropriate sentence is imprisonment for 3 years, with a non-parole period of 1 year and 6 months.

Court Disposition

Sentenced to imprisonment

Orders

  • Imprisonment for 3 years, with a non-parole period of 1 year and 6 months commencing on 6 August 2011 and expiring on 5 February 2013
  • Balance of term of 1 year and 6 months commencing on 6 February 2013 and expiring on 5 August 2014