R v Sesoni BASHFORD [2007] NSWSC 1380
The sentence for Mr Bashford is determined based on the lower range of culpability in manslaughter by unlawful and dangerous act, consideration of his subjective stressors, early guilty plea, and remorse, warranting a custodial sentence of 3 years and 6 months non-parole period and a total term of 5 years and 3 months.
- Jurisdiction
- Australia
- Judgment Date
- 30 November 2007
- Procedural Posture
- Criminal / Sentencing Decision
- Outcome
- convicted and sentenced
- Legal Topics
- ['manslaughter by Unlawful and Dangerous Act' 'sentencing' 'culpability' 'plea of Guilty']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal / Sentencing Decision
Legal Issues
- 1 ['Appropriate sentence for manslaughter by unlawful and dangerous act' 'Consideration of subjective factors affecting accused' 'Impact of early guilty plea on sentencing' 'Assessment of culpability within manslaughter' 'Role of provocation and psychological state']
Ratio Decidendi
The sentence for Mr Bashford is determined based on the lower range of culpability in manslaughter by unlawful and dangerous act, consideration of his subjective stressors, early guilty plea, and remorse, warranting a custodial sentence of 3 years and 6 months non-parole period and a total term of 5 years and 3 months.
Court Disposition
convicted and sentenced
Orders
- ['Convicted of manslaughter by unlawful and dangerous act between 1 October 2006 and 3 October 2006 at Matraville, NSW; sentenced to imprisonment for a non-parole period of 3 years and 6 months commencing 24 October 2006 and expiring on 23 April 2010, the balance of term being 1 year and 9 months expiring on 23...
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