For the purpose of assessing the objective seriousness of manslaughter based on excessive self-defence, it is erroneous to have regard to the absence of a factor (such as knowledge that the victim was a police officer) which, if present, would have removed the basis for the manslaughter plea and rendered the offender guilty of murder. The aggravating factor in s 21A(2)(a) of the Crimes (Sentencing Procedure) Act 1999 (NSW) may apply where the offender ought reasonably to have foreseen that the victim was a police officer, even where the offender did not actually know this. Where two offences arise from a closely connected sequence of events but involve distinct acts and different consequences, entirely concurrent sentences may be erroneous if the sentence for the more serious offence cannot comprehend the criminality of both.
The full text is available to signed-in members, including the 19 later cases that cite this judgment.
6 of the 19 citing cases carry a classified treatment. How each court treated it is available to signed-in members.