R v Walcott [2019] NSWSC 443

Supreme Court New South Wales

Medium Neutral Citation: R v Walcott [2019] NSWSC 443 Hearing dates: 29 April 2019 Decision date: 17 May 2019 Jurisdiction: Common Law Before: R A Hulme J Decision: Imprisonment for 10 years with a non-parole period of 7 years 6 months Catchwords: CRIMINAL LAW – sentence – manslaughter by excessive self-defence – death caused by single stab wound to the chest – offender and deceased both heavily intoxicated by illicit drugs – previously harmonious friendship between offender and deceased – offender provides bizarre account of circumstances leading up to stabbing – offender believed it was necessary to do what he did in self-defence – grossly disproportionate and unreasonable response – offender formed intention to kill – previous good character – no prior criminal record – good prospects of rehabilitation – unlikely to reoffend – expressions of remorse sit uncomfortably with outright acquittal sought at trial – offender has not accepted full responsibility for the killing – no discount for efficient trial – no special circumstances Legislation Cited: Crimes Act 1900 (NSW), ss 24, 418 Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW), ss 21A(3), 21A(5AA), 22A, 44(2) Criminal Procedure Act 1986 (NSW), s 143 Cases Cited: R v Blacklidge (Court of Criminal Appeal (NSW), Gleeson CJ, 12 December 1995, unrep) R v Simpson (2001) 53 NSWLR 704; [2001] NSWCCA 534 The Queen v Olbrich (1999) 199 CLR 270; [1999] HCA 54 Category: Sentence Parties: Regina Henry Charles Walcott Representation: Counsel: Mr G Newton (Crown) Mr B Green (Offender)