R v Nancarrow [2022] NSWSC 455

Supreme Court New South Wales

Medium Neutral Citation: R v Nancarrow [2022] NSWSC 455 Hearing dates: 1 April 2022 Date of orders: 14 April 2022 Decision date: 14 April 2022 Jurisdiction: Common Law Before: Hamill J Decision: Sentenced to a term of imprisonment of 7½ years, with a non-parole period of 4 years. Catchwords: CRIMINAL LAW – sentencing – manslaughter – unlawful and dangerous act – killing by stabbing – sentence after trial – assessment of evidence – evaluation of objective seriousness – use of weapon – actual violence – where deceased first aggressor –– no intention to inflict grievous bodily harm or kill – little planning and premeditation – confrontation on staircase – offender's evidence as to how he came by knife rejected – evidence that merely paring his fingernails with knife by lamplight – location of headlamp – offender's evidence inconsistent with objective findings – mechanism of stabbing – offender's evidence rejected - conflict between men over drugs – accused recovering addict – refusal to obtain drugs – earlier assault by victim – excessive self-defence – breadth of conduct by which manslaughter may be committed – offence towards low end of seriousness – good prospects of rehabilitation – remorse – criminal record – relevant considerations – purpose of punishment – no question of principle Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW), s 25C(1) Crimes (Sentencing Procedure) Act 1999 (NSW), ss 21A(2)(d), 21A(3)(e), 44 Category: Principal judgment Parties: Regina Shane Nancarrow Representation: Counsel: J Stanhope (Regina) B Neild (Nancarrow)