A history of prolonged domestic violence perpetrated by the deceased upon the offender is a significant mitigating factor in sentencing for manslaughter by criminal negligence, even though the offence is based on reckless handling of a dangerous thing rather than provocation or self-defence. Self-defence under s 271(2) of the Criminal Code (Qld) is not realistically available where the accused believed the weapon used was unloaded, because it would be impossible to establish a belief on reasonable grounds that there was no other way to preserve oneself from death or grievous bodily harm than by using an unloaded weapon. The question whether an unsuccessful attempt to withdraw a guilty plea on appeal diminishes the mitigating value of that plea was left unresolved, with the majority not adopting McPherson JA's approach of reducing the parole recommendation on that basis.
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