R v Field [2014] NSWSC 1797

R v Field [2014] NSWSC 1797

Given the deliberate, forceful and unprovoked nature of the punch causing death, delivered in public view to a person expressing no desire to fight, and with the need for general deterrence paramount, the offence is of mid-range objective seriousness. The offender's prior good character and prospects for rehabilitation mitigate, but cannot outweigh, the seriousness and the sentencing principles favouring a 10 year custodial sentence.

Parties
Prosecution: The Crown; Offender: Craig Steven Field
Jurisdiction
Australia
Judgment Date
17 December 2014
Procedural Posture
Criminal / Sentencing
Outcome
Imprisonment for 10 years with a non-parole period of 7 years and 6 months, commencing 4 July 2014 and expiring 3 January 2022, balance of term expiring 3 July 2024.
Legal Topics
Manslaughter, Sentencing, Unlawful and Dangerous Act, One Punch, Objective Seriousness, General Deterrence
Criminal Law Manslaughter Sentencing Unlawful and Dangerous Act One Punch Objective Seriousness General Deterrence

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Parties

The Crown

Prosecution

Craig Steven Field

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the proper sentence for Craig Steven Field, convicted of manslaughter by unlawful and dangerous act after delivering a fatal single punch?
  2. 2 What is the objective seriousness of the offence and what mitigating/aggravating factors apply?
  3. 3 What is the significance of lack of remorse, absence of intoxication, and absence of prior convictions on sentence?

Ratio Decidendi

Given the deliberate, forceful and unprovoked nature of the punch causing death, delivered in public view to a person expressing no desire to fight, and with the need for general deterrence paramount, the offence is of mid-range objective seriousness. The offender's prior good character and prospects for rehabilitation mitigate, but cannot outweigh, the seriousness and the sentencing principles favouring a 10 year custodial sentence.

Court Disposition

Imprisonment for 10 years with a non-parole period of 7 years and 6 months, commencing 4 July 2014 and expiring 3 January 2022, balance of term expiring 3 July 2024.

Orders

  • Craig Steven Field is sentenced to imprisonment for 10 years.
  • Non-parole period of 7 years and 6 months, commencing on 4 July 2014 and expiring on 3 January 2022.