R v Scott David Lynn [2008] NSWSC 1122

R v Scott David Lynn [2008] NSWSC 1122

A sentence of 7 years' imprisonment with a non-parole period of 4½ years was appropriate because the killing was spontaneous and arose from an overreaction to a perceived threat, but the offender stabbed the deceased with a weapon he was carrying, had prior convictions involving weapons and a substantial criminal history, showed limited insight and uncertain remorse, and required punishment reflecting retribution, personal deterrence and protection of society. The court allowed a 12.5% discount for the late guilty plea and found special circumstances to encourage rehabilitation given family support.

Jurisdiction
Australia
Judgment Date
07 November 2008
Procedural Posture
Criminal Sentence / Remarks on Sentence Following Plea of Guilty to Manslaughter Accepted in Discharge of an Indictment for Murder
Outcome
Sentenced to imprisonment for 7 years, comprising a non-parole period of 4½ years from 18 August 2006 to 17 February 2011, and a balance of term of 2½ years from 18 February 2011 to 17 August 2013.
Legal Topics
['sentence' 'manslaughter' 'excessive Self Defence' 'plea of Guilty' 'non Parole Period']
['criminal Law'] ['sentence' 'manslaughter' 'excessive Self Defence' 'plea of Guilty' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentence / Remarks on Sentence Following Plea of Guilty to Manslaughter Accepted in Discharge of an Indictment for Murder

Legal Issues

  1. 1 ['What sentence should be imposed for manslaughter committed by excessive self-defence after a plea of guilty accepted in discharge of a murder indictment.' "What weight should be given to the offender's use and carrying of a weapon, prior convictions, remorse, prospects of rehabilitation and family support." 'Whether special circumstances warranted departure from the usual proportion between sentence and non-parole period.' 'Whether a sentence of 3 years or less should be imposed so that the offender would be entitled to release at the expiration of the non-parole period under s50 Crimes (Sentencing Procedure) Act 1999.']

Ratio Decidendi

A sentence of 7 years' imprisonment with a non-parole period of 4½ years was appropriate because the killing was spontaneous and arose from an overreaction to a perceived threat, but the offender stabbed the deceased with a weapon he was carrying, had prior convictions involving weapons and a substantial criminal history, showed limited insight and uncertain remorse, and required punishment reflecting retribution, personal deterrence and protection of society. The court allowed a 12.5% discount for the late guilty plea and found special circumstances to encourage rehabilitation given family support.

Court Disposition

Sentenced to imprisonment for 7 years, comprising a non-parole period of 4½ years from 18 August 2006 to 17 February 2011, and a balance of term of 2½ years from 18 February 2011 to 17 August 2013.

Orders

  • ['Scott David Lynn is sentenced to a non-parole period of 4½ years, commencing on 18 August 2006 and expiring on 17 February 2011.' 'Scott David Lynn is sentenced to a balance of term of 2½ years, commencing on 18 February 2011 and expiring on 17 August 2013.']