A sentence of 9 years imprisonment with a 6-year non-parole period is within the appropriate range for manslaughter by unlawful and dangerous act where the offender shot the deceased ten times at close range, even where the offender lacked intent to kill or cause grievous bodily harm. A combined discount of 25% for an offer to plead guilty (not accepted by the Crown) and full cooperation with police is at the outer end of the appropriate range. The need for a longer parole period due to anxiety and depression is a permissible basis for finding special circumstances under s 44(2), but the sentence must still appropriately reflect the criminality of the offence.
The full text is available to signed-in members, including the 17 later cases that cite this judgment.
4 of the 17 citing cases carry a classified treatment. How each court treated it is available to signed-in members.