White, Philip Charles v. The Queen [1981] FCA 86

White, Philip Charles v. The Queen [1981] FCA 86

The sentence of eight years imprisonment with a four-year non-parole period for manslaughter was not manifestly excessive given the seriousness of the facts and the irresponsible use of a firearm while intoxicated; prior violent convictions and aggravating circumstances justified the sentence imposed.

Parties
Appellant: Philip Charles White; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
05 February 1981
Procedural Posture
Criminal Appeal / Sentencing Appeal Decision
Outcome
Appeal dismissed
Legal Topics
Manslaughter, Sentencing, Excessive Sentence, Non Parole Period, Prior Convictions, Effect of Alcohol
Criminal Law Manslaughter Sentencing Excessive Sentence Non Parole Period Prior Convictions Effect of Alcohol

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Parties

Philip Charles White

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Sentencing Appeal Decision

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether the non-parole period was manifestly excessive
  3. 3 Whether the trial judge erred in taking prior convictions involving violence into account

Ratio Decidendi

The sentence of eight years imprisonment with a four-year non-parole period for manslaughter was not manifestly excessive given the seriousness of the facts and the irresponsible use of a firearm while intoxicated; prior violent convictions and aggravating circumstances justified the sentence imposed.

Court Disposition

Appeal dismissed

Orders

  • The sentence shall be served as if the appeal had not been instituted.