The case identifies a comprehensive list of generic factors relevant to sentencing for excessive self-defence manslaughter under s 421 of the Crimes Act 1900 (NSW), including whether the offender was carrying the weapon prior to the offence, the nature of the threat, the history of the relationship, contrition, guilty plea, pre-planning, and rehabilitation prospects. The majority held that the three existing s 421 cases did not establish a tariff and that cases of manslaughter by unlawful and dangerous act were not of real assistance given the different intent involved. The question of whether a sentencing range for s 421 manslaughter can be discerned from a small number of cases was left open, with the majority holding it could not yet be done and Santow JA in dissent holding that a pattern was emerging.
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