When sentencing for manslaughter by excessive self-defence under s 421 of the Crimes Act 1900 (NSW), the sentencing judge must make an express finding as to the specific circumstances as perceived by the accused — including the nature of any weapon the accused believed the deceased possessed — because the degree of unreasonableness of the response must be evaluated against those perceived circumstances. A generalised finding that the accused believed it was necessary to defend himself is insufficient. The accused's perception that the deceased was armed with a gun is a significantly mitigating factor compared to a perception that the deceased was armed only with lesser weapons.
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