R v Babsek; Ex parte

The appellant, the Attorney-General, sought to appeal against the sentence of the respondent, Babsek, who was convicted of manslaughter. Babsek had been sentenced to nine years in prison, with the possibility of parole after three years. The Attorney-General argued that the sentence was manifestly inadequate, particularly in light of the seriousness of the offence and the need for general and specific deterrence. The appeal was heard by the court, which had to consider whether the trial judge had given sufficient weight to the factors relevant to the sentencing of Babsek.

The court identified several issues to be resolved in this appeal. The primary issue was whether the sentence imposed by the trial judge was manifestly inadequate. The court also had to consider whether the trial judge had given sufficient weight to the need for general and specific deterrence, the impact of the crime on the victim, and whether the judge had erred in finding that Babsek had no predisposition to violence, that he was remorseful, and that his suffering should be taken into account.

The court found that the sentence imposed by the trial judge was manifestly inadequate, particularly in light of the need for general and specific deterrence. The court held that the trial judge had not given sufficient weight to the impact of the crime on the victim, and had erred in finding that Babsek had no predisposition to violence and that he was remorseful. The court also found that the trial judge had erred in taking into account Babsek’s suffering. The court varied the sentence imposed by the trial judge by deleting the nine-year sentence and substituting a ten-year sentence, and by omitting the recommendation for parole. The court otherwise confirmed the sentence imposed by the trial judge.

The court allowed the appeal and varied the sentence imposed by the trial judge. The nine-year sentence was deleted and replaced with a ten-year sentence, and the recommendation for parole was omitted. The court confirmed the sentence imposed by the trial judge in all other respects.