R v Steele [2024] NSWSC 214

Supreme Court New South Wales

Medium Neutral Citation: R v Steele [2024] NSWSC 214 Hearing dates: 8 March 2024 Date of orders: 19 March 2024 Decision date: 19 March 2024 Jurisdiction: Common Law Before: Davies J Decision: John Steele is convicted of the manslaughter of David Steele. The offender is sentenced to a non-parole period of 3 years 6 months commencing on 28 April 2022 and expiring 27 October 2025 with a balance of term of 3 years 3 months expiring 27 January 2029. The offender is first eligible for parole on 27 October 2025. Catchwords: CRIME – sentence – manslaughter – excessive self-defence – offender stabbed adult son in the neck at their home – offending arose during family argument – victim approached offender quickly – single stab wound to the neck using kitchen knife – offender accepted responsibility but unable to explain or recall inflicting the stab wound – relatively impulsive offending – just below mid-range of objective seriousness – where offender did not give evidence at sentence proceedings – three psychological and psychiatric reports – no evidence of mental health concerns – 12 character references speak of a good, kind and non-aggressive person – offender aged 76 years – currently in remission from leukemia – no criminal record or concern about reoffending – offender entirely remorseful for his actions – significant variation of statutory ratio given offender's age and health conditions SENTENCING – plea of guilty – where offender originally charged with murder only – where offender made an offer to plead guilty to manslaughter by unlawful and dangerous act before committal – offer rejected by Crown – Crown later accepted plea to manslaughter by excessive self-defence – s 25E of the Crimes (Sentencing Procedure) Act 1999 concerned with the "offence" not its basis – entitled to 25% discount for guilty plea Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) ss 21A, 25E, 44 Cases Cited: Black v R (2022) 107 NSWLR 225; [2022] NSWCCA 17 Lupton v R [2024] NSWCCA 29 R v Bloodsworth; R v Errington (No 5) [2018] NSWSC 79 R v Charters [2020] NSWSC 842 R v Loveridge [2014] NSWCCA 120 R v Van Oosterum [2004] NSWSC 532 R v Walcott [2019] NSWSC 443 Texts Cited: Nil Category: Principal judgment Parties: Crown John Steele (Offender) Representation: Counsel: C Young (Crown) M Dennis SC (Offender)