R v Trevor James STEPHENS [2008] NSWSC 1429

New South Wales Supreme Court

CITATION : R v Trevor James STEPHENS [2008] NSWSC 1429

HEARING DATE(S) : 30 June 2008

JUDGMENT DATE : 1 July 2008

JUDGMENT OF : Latham J at 1

DECISION : SENTENCED to non parole period of seven years to date from 12 January 2007, expiring 11 January 2014 with a balance of term of three years expiring 11 January 2017. Eligible for release to parole on 12 January 2014.

CATCHWORDS : CRIMINAL LAW - Sentence - Manslaughter - Excessive Self-defence - Intentional infliction of grievous bodily harm with a knife - History of hostility between deceased and offender - History of drug and alcohol abuse

CATEGORY : Sentence

PARTIES : Regina (Crown) Trevor James Stephens (Accused)

FILE NUMBER(S) : SC 2007/4585

COUNSEL : H Wilson (Crown) T Healey (Accused)

SOLICITORS : S Kavanagh Solicitor of Public Prosecutions (Crown) SE O'Connior (Accused)

LOWER COURT JURISDICTION : Supreme Court

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

LATHAM J

1 July 2008

2007/4585 R v Trevor James STEPHENS

SENTENCE

1 HER HONOUR: The offender Trevor Stephens pleaded guilty on 30 June 2008 to the manslaughter of David Paul Willoughby upon arraignment on an indictment carrying the single count of murder. The Crown accepted the plea in full satisfaction of the indictment on the basis that the offender's response to a threat of violence offered by Mr Willoughby was unreasonable in all the circumstances. This is commonly referred to in the law as excessive self-defence. 2 The offence of manslaughter carries a maximum penalty of twenty-five years imprisonment. It is a maximum penalty that appropriately reflects the gravity with which the law regards the felonious taking of a human life. The maximum penalty for any offence is reserved for the worst example of that offence. That is, one that is so objectively heinous that matters personal to the offender leave little or no scope for any mitigation.