R v JM (Sentence) [2024] NSWSC 1345

Supreme Court New South Wales

Medium Neutral Citation: R v JM (Sentence) [2024] NSWSC 1345 Hearing dates: 11 October 2024 Date of orders: 25 October 2024 Decision date: 25 October 2024 Jurisdiction: Common Law - Criminal Before: Dhanji J Decision: (1) JM is convicted of the manslaughter of Liam. (2) For the offence of manslaughter, you are sentenced to imprisonment for a term of 5 years commencing on 29 May 2022. I set a non-parole period of 2 years and 9 months commencing on that date and expiring on 28 February 2025. The balance of term is 2 years and 3 months and is due to expire on 28 May 2027. (3) Pursuant to s 19(1) and s 19(3) of the Children (Criminal Proceedings) Act 1987 (NSW), I direct the sentence be served as a juvenile offender up until the offender attains the age of 21. (4) Pursuant to s 25C(1) of the Crimes (High Risk Offenders) Act 2006 (NSW), I advise you of the existence of that Act and the fact that it applies to you and to this offence. I direct your legal team to explain the significance of this fact to you. (5) In accordance with regulation 8(d) of Child Protection (Offenders Registration) Regulation 2015 (NSW) I direct that the Secretary of the Department of Justice give notice to the offender for the purposes of s 4 of the Child Protection (Offenders Registration) Act 2000 (NSW). Catchwords: CRIME – sentence – manslaughter – excessive self-defence – offender a young person at the time of the offence – trial by judge alone – fatal stabbing – confrontation between young people – KFC restaurant – melee – tragic loss of life – where deceased exhibited hostility towards offender –deceased armed with knuckledusters – offender did not initiate confrontation – offender had no interest in fighting the deceased - offender outnumbered by adversaries – offender believed he was going to be killed – chaos – clamorous noise – extreme situation – real threat to the offender – no intention to kill – where offender suffers from cognitive impairment – FASD – ADHD – youth and lack of maturity – moral culpability significantly reduced – unblemished criminal record – very good prospects of rehabilitation – whether sentence to be served as a juvenile offender – convicted – sentence imposed Legislation Cited: Crimes Act 1900 (NSW) Children (Criminal Proceedings) Act 1987 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) Child Protection (Offenders Registration) Regulation 2015 (NSW) Child Protection (Offenders Registration) Act 2000 (NSW) Cases Cited: R v JM (Verdict) [2024] NSWSC 773 The Queen v Olbrich (1999) 199 CLR 270; [1999] HCA 54 Paterson v R [2021] NSWCCA 273 R v Stanley (No 2) [2024] NSWSC 74 Category: Sentence Parties: Rex (Crown) JM (Offender) Representation: Counsel: B Campbell SC (Crown) J Watts (Offender)