Under s 421 of the Crimes Act 1900 (NSW), the sentencing task in excessive self-defence manslaughter requires the judge to determine what the offender actually believed, not what it was reasonable for the offender to believe, and then to assess the reasonableness of the response to those perceived circumstances. Matters of weight relevant to objective seriousness remain for the sentencing judge and will not be disturbed on appeal without demonstrated error.
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1 of the 2 citing cases carry a classified treatment. How each court treated it is available to signed-in members.