NSW Caselaw
New South Wales Supreme Court
CITATION : R v TT; ET; RT [2009] NSWSC 437
HEARING DATE(S) : 30.1.09; 6.2.09; 20.2.09; 1.5.09; 8.5.09
JUDGMENT DATE : 20 May 2009
JUDGMENT OF : Latham J
TT - Convicted of the Manslaughter of Sione Matevesi. Sentenced to non parole period of 3 years 3 months to date from 6 January 2007 expiring 5 April 2010 with a balance of term of 3 years expiring 5 April 2013. Eligible for release to parole 6 April 2010 DECISION : ET - Convicted of the Manslaughter of Sione Matavesi. Sentenced to non parole period of 3 years to date from 9 January 2007 expiring 8 January 2010 with a balance of term of 3 years expiring 8 January 2013. Eligible for release to parole 9 January 2010 RT - Convicted of the Manslaughter of Sione Matavesi. Sentenced to non parole period of 3 yrs 6 mths to date from 9 January 2007 expiring 8 July 2010 with a balance of term of 3 years expiring 8 July 2013. Eligible for release to parole 9 July 2010. Sentence to be served as a juvenile offender.
CATCHWORDS : CRIMINAL LAW - Sentence - Manslaughter - Excessive self defence - Participation in affray in the knowledge that serious physical injury could occur - use of weapons as aggravating feature - plea of guilty in the week fixed for trial - a degree of provocation from victim - strong subjective circumstances.
LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 Children (Criminal Proceedings) Act 1987
CATEGORY : Sentence
CASES CITED : R v Borkowski [2009] NSWCCA 102
Regina (Crown) PARTIES : TT (First offender) ET (Second offender) RT (Third offender)
FILE NUMBER(S) : SC 9992/2008
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