R v Misiepo [2016] NSWSC 565

Supreme Court New South Wales

Medium Neutral Citation: R v Misiepo [2016] NSWSC 565 Hearing dates: 19/10/15-5/11/15; 5/2/16 Decision date: 19 February 2016 Jurisdiction: Common Law - Criminal Before: Hall J Decision: Offender sentenced to a term of imprisonment of 12 years comprising:

(1) A non-parole period of 9 years commencing on 28 July 2014 and expiring on 27 July 2023.

(2) A balance of term of three years expiring on 27 July 2026. Catchwords: SENTENCING – excessive self-defence manslaughter – evaluation of the degree to which the offender's response exceeded that of what would be a reasonable response in the circumstances – offender armed himself with a knife believing the victim may have been a member of an outlaw motorcycle gang – victim was not armed – offender was the aggressor who stabbed the unarmed victim three times with a knife – response not a reasonable one as the offender perceived them – the response was an extreme one – intention to inflict grievous bodily harm – objective gravity of the offence of manslaughter by excessive self-defence was of a high order – offender had previous record of convictions for serious personal violence offences Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Criminal Procedure Act 1986 Cases Cited: Bugmy v The Queen [2013] HCA 37; 249 CLR 571 Markarian v R (2005) HCA 25; 228 CLR 357 Pitts v R [2014] NSWCCA 244 R v Blacklidge (NSW Court of Criminal Appeal, 12 December 1995, unreported) R v Callaghan [2006] NSWCCA 58; (2006) 160 A Crim R 145 R v Forbes [2005] NSWCCA 377 R v Lavender (2005) 222 CLR 67 R v MacDonell (NSWCCA, 8 December 1995, unreported) R v Misiepo [2005] NSWCCA 405 R v Oinonen [1999] NSWCCA 310 R v Olbrich (1999) 199 CLR 270 R v Pennisi [2001] NSWCCA 326 R v Thomson; R v Houlton [2000] NSWCCA 309; 115 A Crim R 104 Smith v R [2015] NSWCCA 193 Category: Sentence Parties: Regina (Crown) Chad Frederick Misiepo (Offender) Representation: Counsel: BG Campbell (Crown) D Carroll (Offender)