| IN THE SUPREME COURT OF VICTORIA | Not restricted | |
AT MELBOURNE
CRIMINAL DIVISION
S CR 2017 0023
Between:
| THE QUEEN | |
| -and- | |
| SHANE RYAN BROWN | Accused |
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JUDGE: | Croucher J | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 7 April 2017 | |
DATE OF SENTENCE: | 10 May 2017 | |
CASE MAY BE CITED AS: | R v Brown | |
MEDIUM NEUTRAL CITATION: | [2017] VSC 240 | |
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CRIMINAL LAW – Sentence – Manslaughter by unlawful and dangerous act – Accused stabbed brother once to the chest, killing him, after brother engaged in threatening and violent behaviour towards family members – Excessive self-defence/defence of others – Full admissions – Plea of guilty offered early – Profound remorse – Hardship of imprisonment – Reasonable to good prospects of rehabilitation – Nine months of pre-sentence detention denied because of service of another sentence – Totality – Mercy – Unusual case calling for unusual sentence – Sentence of six years and three months’ imprisonment with non-parole period of three years and three months – But for plea of guilty, sentence of nine years’ imprisonment with non-parole period of six years – Sentencing Act 1991 (Vic), ss 5, 6AAA & 18.
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr J McWilliams | John Cain, Solicitor for Public Prosecutions |
| For the Accused | Mr S Johns | James Dowsley & Associates |
HIS HONOUR:
Overview
On the evening of Friday 10 June 2016, Shane Ryan Brown committed manslaughter by stabbing his brother Wayne Daniel Brown once to the chest with a knife.
Fratricide is rare, thankfully. One of its tragic consequences, however, is that, because the deceased and the killer are siblings, other family members often are left in a state of exquisite conflicting agony: the life of one loved one is lost but the life of an equally cherished sibling is in ruins.
That agony is especially acute in the present case, particularly for the brothers’ parents. For, not only have they lost the life of one son at the hands of the other, but they also know that, in the lead-up to his death, Wayne’s behaviour was appalling – indeed, they were among the victims of it – and that Shane’s response involved an attempt to defend their family, albeit an unlawful and excessive attempt.
This, in very short terms, is what happened. On that fateful night, the two brothers were at the home of their parents – Colin and Iolanda Brown – in Cranbourne. Also present were Wayne’s partner Michelle Dawson and their fifteen-year-old daughter Madison Jagger.
No one really wanted Wayne to be there. He had a history of violence towards others, including his family members. In fact, an intervention order in favour of his father meant that Wayne should not have been at the house at all. But, as is often the way in such situations, his parents tolerated his presence occasionally, even to the point of allowing him to sleep in the garage when it suited him. On this occasion, following a request by Wayne, it was Michelle who suggested they should meet…
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- AGLC
- R v Brown [2017] VSC 240
- Case
- [2017] VSC 240
- Decision Date
CaseChat Overview and Summary
The court found that the accused's actions were an excessive response to the circumstances and that the plea of excessive self-defence/defence of others was not applicable. However, the court recognised the accused's early guilty plea, profound remorse, and reasonable to good prospects of rehabilitation. The court also took into account the hardship of imprisonment and the effect of pre-sentence detention. The court concluded that this was an unusual case that called for an unusual sentence, taking into account all the relevant factors. The court sentenced the accused to six years and three months' imprisonment with a non-parole period of three years and three months. The court noted that, but for the plea of guilty, the sentence would have been nine years' imprisonment with a non-parole period of six years.
The court's reasoning was based on the Sentencing Act 1991 (Vic), ss 5, 6AAA & 18. The court found that the sentence imposed was appropriate, taking into account all the relevant factors. The court considered the need for the sentence to reflect the totality and mercy principles, and to provide the accused with an opportunity for rehabilitation. The court also recognised the impact of the sentence on the victim's family and the community. The court's final orders included the sentence of six years and three months' imprisonment with a non-parole period of three years and three months, and the denial of credit for nine months of pre-sentence detention because of the service of another sentence. The court also ordered that the accused be placed under supervision for a period of three years following his release from prison.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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