R v McDonald [2019] NSWSC 858

Supreme Court New South Wales

Medium Neutral Citation: R v McDonald [2019] NSWSC 858 Hearing dates: 10 July 2019 Date of orders: 11 July 2019 Decision date: 11 July 2019 Before: Harrison J Decision: Sentenced to imprisonment with a non-parole period of 3 years commencing on 21 January 2017 and expiring on 20 January 2020 with a balance of term of 3 years expiring on 20 January 2023 Catchwords: CRIMINAL LAW – sentence – manslaughter by unlawful and dangerous act – where offender acquitted by jury of murder – where offender's plea of guilty to manslaughter rejected by Crown – where deceased killed by single stab wound to chest – where offender an indigenous man from disadvantaged background – where offender remorseful – where offence lies well towards bottom range of objective seriousness – discount for guilty plea – application of Bugmy principles – whether specific and general deterrence required Legislation Cited: Crimes (High Risk Offenders) Act 2000 (NSW), s 25C(1) Crimes (Sentencing Procedure) Act 1999 (NSW), s 44(2) Crimes Act 1900 (NSW), s 24 Cases Cited: Bollen v R (1998) 99 A Crim R 510 Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 R v Blacklidge (unrep, 12 December 1995, NSWCCA R v Borkowski (2009) 195 A Crim R 1; [2009] NSWCCA 102 R v Green [1999] NSWCCA 97 R v McDonald [2019] NSWSC 839 R v Previtera (1997) 94 A Crim R 76 Wilson v The Queen (1992) 174 CLR 313; [1992] HCA 31 Category: Sentence Parties: Regina (Crown) Andrew John McDonald (Offender) Representation: Counsel: J Stanhope (Crown) J Watts (Offender)