The Court sentenced the offender to a fixed term of 1 year and 7 months for wound with intent to cause GBH (s 33 Crimes Act), deemed already served through pre-sentence custody and quasi-custody, finding the offending constituted excessive self-defence where the offender subjectively believed stabbing the victim was necessary but the response was objectively unreasonable though not grossly so. The Court held, applying Fisher v R [2026] NSWCCA 27 and R v White [2025] NSWCCA 111, that a finding of excessive self-defence almost inevitably leads to findings that the offending was unplanned and that general deterrence is not a significant sentencing consideration, given the similarities with spontaneous crimes of passion. The offender's ASD and PTSD were found to have a direct causal link to the offending, substantially reducing moral culpability, and his deprived background of childhood abuse and bullying attracted Bugmy leniency, collectively placing the offence at the lower end of objective seriousness notwithstanding the 25-year maximum penalty and 7-year SNPP.
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