R v Magro [2019] NSWSC 343

Supreme Court New South Wales

Medium Neutral Citation: R v Magro [2019] NSWSC 343 Hearing dates: 9 November 2018; 29 March 2019 Date of orders: 29 March 2019 Decision date: 29 March 2019 Jurisdiction: Common Law Before: Wilson J Decision: 1 Joshua Magro is convicted of the offence of firing a firearm near a public place. He is convicted of the offence of the manslaughter of Ricardo Coleman. 2 An aggregate sentence will be imposed upon the offender pursuant to s 53A of the Crimes (Sentencing Procedure) Act 1999 (NSW). 3 The offender is sentenced to imprisonment for 16 years, to date from 12 November 2016, expiring on 11 November 2032. There will be a non-parole period of 12 years, expiring on 11 November 2028. The earliest possible release date is 11 November 2028. 4 The sentences that would have been imposed had separate sentences been fixed are: (1) For count 1, a term of 4 years and 6 months imprisonment; (2) For count 2, a term of 15 years and 3 months imprisonment. 5 The offender is advised that the Crimes (High Risk Offenders) Act 2006 NSW may apply to him. Catchwords: CRIMINAL LAW – trial for murder – verdict of not guilty of murder but guilty of manslaughter – excessive self defence – use of firearm during verbal argument – single shot to chest of deceased – force used vastly exceeded perceived threat Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes Act 1900 (NSW) Evidence Act 1995 (NSW) Cases Cited: Elias v The Queen (2013) 248 CLR 483 Gilson v The Queen (1991) 172 CLR 353 Imbornone v R [2017] NSWCCA 144 Markarian v The Queen (2005) 228 CLR 357 Merrick v R [2017] NSWCCA 264 R v Oinonen [1999] NSWCCA 310 R v Quatami [2001] NSWCCA 353 The Queen v Olbrich [1999] HCA 54; 199 CLR 270 Weininger v The Queen [2003] HCA 14; 212 CLR 629 Category: Sentence Parties: Regina Joshua Magro Representation: Counsel: Crown – Mr G Newton Accused – Mr P Young SC