R v Lynch [2010] NSWSC 952

R v Lynch [2010] NSWSC 952

The offender, having pleaded guilty to manslaughter committed under significant but not extreme provocation, with a single fatal stab wound inflicted in the course of a brief loss of control after his fiancée was pushed, and bearing in mind his subjective circumstances, lack of relevant criminal history, remorse, prospects of rehabilitation, and acceptance of responsibility, is to be sentenced to imprisonment for a non-parole period of 5 years with a total term of 7 years, with special circumstances justifying a longer post-release supervision period.

Parties
Crown: Regina; Offender: Brendon Arron Mark Henry Lynch
Jurisdiction
Australia
Judgment Date
15 September 2010
Procedural Posture
Criminal / Sentencing
Outcome
Offender sentenced to imprisonment for manslaughter under provocation.
Legal Topics
Manslaughter, Sentencing, Provocation, Use of a Knife, Mitigating and Aggravating Factors, Discount for Guilty Plea, Special Circumstances
Criminal Law Manslaughter Sentencing Provocation Use of a Knife Mitigating and Aggravating Factors Discount for Guilty Plea Special Circumstances

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Parties

Regina

Crown

Brendon Arron Mark Henry Lynch

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for manslaughter committed under provocation
  2. 2 Impact of provocation and self-defence on assessment of culpability
  3. 3 Application of aggravating and mitigating factors under s 21A of the Crimes (Sentencing Procedure) Act 1999 (NSW)

Ratio Decidendi

The offender, having pleaded guilty to manslaughter committed under significant but not extreme provocation, with a single fatal stab wound inflicted in the course of a brief loss of control after his fiancée was pushed, and bearing in mind his subjective circumstances, lack of relevant criminal history, remorse, prospects of rehabilitation, and acceptance of responsibility, is to be sentenced to imprisonment for a non-parole period of 5 years with a total term of 7 years, with special circumstances justifying a longer post-release supervision period.

Court Disposition

Offender sentenced to imprisonment for manslaughter under provocation.

Orders

  • Imprisonment for a non-parole period of 5 years commencing on 22 March 2009 and to expire on 21 March 2014.
  • Balance of term of 2 years to expire on 21 March 2016.