R v Ambrosius [2018] NSWSC 1318

Supreme Court New South Wales

Medium Neutral Citation: R v Ambrosius [2018] NSWSC 1318 Hearing dates: 10 August 2018 Decision date: 31 August 2018 Jurisdiction: Common Law Before: R A Hulme J Decision: Imprisonment for 6 years 9 months with a non-parole period of 3 years 6 months Catchwords: CRIME – sentencing – manslaughter – assault police officer occasioning actual bodily harm – offender with schizophrenia – substantially impaired by abnormality of mind – physical altercation between offender and deceased step-father – offender perceived he was being attacked – propelled deceased off balcony –manslaughter on basis of excessive self-defence –assaulted police officer while being apprehended –low-moderate risk of re-offending – special circumstances for reduced non-parole period – 15 per cent reduction for plea of guilty. Legislation Cited: Crimes Act 1900 (NSW) ss 23A(1)(a), 421(2) Crimes (High Risk Offenders) Act 2006 (NSW) s 25C(1) Crimes (Sentencing Procedure) Act 1999 (NSW) s 44(2) Category: Sentence Parties: Regina Rodney Ambrosius Representation: Counsel: Mr L Carr (Crown Mr P Young SC (Offender)

Solicitors: Solicitor for Public Prosecutions Barraclough Jones & Associates File Number(s): 2016/75590

Judgment 1. HIS HONOUR: On 12 June 2018 Mr Rodney Ambrosius was arraigned and pleaded not guilty to murder but guilty to the manslaughter of Mr Kenneth Perry on 9 March 2016 at Coomba Park. The Crown accepted the plea to manslaughter in full satisfaction of the indictment. 2. Mr Ambrosius has asked that when he is sentenced for the manslaughter his guilt in respect of an offence of assaulting and occasioning actual bodily harm to a police officer in the execution of the officer's duty be taken into account.