In sentencing for manslaughter by a single punch of moderate force, there is a significant distinction from cases involving sustained beatings or weapons; a sentence of 10 years with a serious violent offence declaration was manifestly excessive where the blow was delivered with the non-dominant hand and the fatal physiological consequences were unusual. A sentence of 9 years with parole eligibility after 5 years was substituted. The decision not to call an accused to give evidence is assessed objectively and will not constitute a miscarriage of justice where the accused would have been a poor witness whose testimony would have worsened their prospects.
The full text is available to signed-in members, including the 10 later cases that cite this judgment.
5 of the 10 citing cases carry a classified treatment. How each court treated it is available to signed-in members.