When sentencing for manslaughter by excessive self-defence under s 421 of the Crimes Act 1900 (NSW), the sentencing judge must not make findings inconsistent with the Agreed Facts or the basis of the guilty plea. Where the Agreed Facts describe a stabbing as occurring 'in the course of' a struggle, the judge cannot divide the events into separate phases of disarming and then deliberate stabbing, as this would be inconsistent with the plea to excessive self-defence manslaughter and more akin to murder. The degree of departure from a reasonable response must be assessed by reference to the offender's subjective perception of the circumstances, not by reference to objective reality.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.
1 of the 4 citing cases carry a classified treatment. How each court treated it is available to signed-in members.