R v Roshan (Sentence) [2023] NSWSC 704

Supreme Court New South Wales

Medium Neutral Citation: R v Roshan (Sentence) [2023] NSWSC 704 Hearing dates: 15 May - 9 June 2023 Date of orders: 23 June 2023 Decision date: 23 June 2023 Jurisdiction: Common Law - Criminal Before: Fagan J Decision: For the manslaughter of Rosemary Bodak at Liverpool on 20 December 2020 the offender is sentenced to a term of imprisonment of 12 years commencing on 20 December 2020 and expiring on 19 December 2032 with a non-parole period of 9 years expiring on 19 December 2029. Catchwords: CRIME – sentence – manslaughter – excessive self-defence – 59 year old female deceased verbally threatened to stab 34 year old male offender – offender may have believed deceased held a knife behind her back – deceased shorter and evidently physically impaired – threat as perceived by accused could have been resolved by at most a single blow – where offender knocked deceased to floor and engaged in ferocious beating and stomping of deceased's head to cause death – response grossly disproportionate to threat as perceived Legislation Cited: Crimes Act 1900 (NSW) Crimes (Domestic and Personal Violence) Act 2007 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Smith v R [2015] NSWCCA 193 Category: Sentence Parties: Rex Ronald Roshan Representation: Counsel: C Curtis (Crown) F Santisi (Offender)

Solicitors: Solicitor for Director of Public Prosecutions (Crown) Tsintilas & Associates (Offender) File Number(s): 2020/360824 Publication restriction: Nil