R v Steven KATIC [2008] NSWSC 1330

R v Steven KATIC [2008] NSWSC 1330

Manslaughter sentence imposed on basis of excessive self-defence, recognising lack of intent to kill but intent to cause serious bodily injury; aggravated armed robbery sentence reduced due to guilty plea; sentences structured partly cumulatively to account for totality and special circumstances, permitting parole eligibility after a substantial period.

Parties
Prosecution: Regina; Defendant: Steven Momir Katic
Jurisdiction
Australia
Judgment Date
12 December 2008
Procedural Posture
Criminal / Sentencing
Outcome
Sentenced to imprisonment
Legal Topics
Manslaughter by Excessive Self Defence, Aggravated Armed Robbery, Sentencing Principles
Criminal Law Manslaughter by Excessive Self Defence Aggravated Armed Robbery Sentencing Principles

Case Brief

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Parties

Regina

Prosecution

Steven Momir Katic

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentence for manslaughter by excessive self-defence
  2. 2 appropriate sentence for aggravated armed robbery
  3. 3 applicability of sentencing guidelines

Ratio Decidendi

Manslaughter sentence imposed on basis of excessive self-defence, recognising lack of intent to kill but intent to cause serious bodily injury; aggravated armed robbery sentence reduced due to guilty plea; sentences structured partly cumulatively to account for totality and special circumstances, permitting parole eligibility after a substantial period.

Court Disposition

Sentenced to imprisonment

Orders

  • Aggravated armed robbery: imprisonment for a fixed term of 4 years, commencing on 26 February 2007 and expiring on 25 February 2011 (no non-parole period set for this offence)
  • Manslaughter: imprisonment for a non-parole period of 5.5 years, commencing on 26 February 2009 and expiring on 25 August 2014, balance of term of 3.5 years commencing on 26 August 2014 and expiring on 25 February 2018