Regina v Mark Allan Forrest

Case [2008] NSWSC 301


CITATION: Regina v Mark Allan FORREST [2008] NSWSC 301
HEARING DATE(S): 18, 19, 20 and 21 February 2008
 
JUDGMENT DATE : 

4 April 2008
JURISDICTION: Common Law Division Criminal List
JUDGMENT OF: Studdert AJ
DECISION: Sentenced to imprisonment with a non-parole period of 5 years and 9 months commencing on 27 January 2007 and expiring on 26 October 2012 and a balance of term of 1 year and 9 months expiring on 26 July 2014. First date of eligibility for parole is 26 October 2012.
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 s 3
Criminal Procedure Act 1986 s 157
CATEGORY: Sentence
CASES CITED: Regina v Blacklidge NSWCCA (unreported) 12
December 1995
Regina v Alexander (1995) 78 ACR 141
R v Thomson & Houlton (2000) 49 NSWLR 383
Prevatera (1994) 94 ACCR 76
Boland (1998) 99 A Crim R 510
R v Cardoso (2001) NSWSC 775
R v Dally (2000) NSWCCA 162
R v Diamond (2000) NSWSC 1212
R v Howard (1999) NSWSC 1228
R v MHN No. 2 unreported Kirby J 20 November 1998
R v Sherry (2000) NSWCCA 35
R v Vandersee (2000) NSWSC 916
R v Veech (2001) NSWSC 68
R v Teklemariam Abebe (2000) VSC 567
R v Marlow (2003) NSWSC 1130
R v Walsh (2004) 142 ACR 140
PARTIES: Regina (Crown)
Mark Allan Forrest (Accused)
FILE NUMBER(S): SC 1696/2007
COUNSEL: P Barnett SC (Crown)
C Davenport SC (Accused)
SOLICITORS: Director of Public Prosecutions
Legal Aid Commission of NSW
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      IN THE SUPREME COURT
      OF NEW SOUTH WALES
      COMMON LAW DIVISION
      CRIMINAL LIST

      STUDDERT AJ

      Friday 4 April 2008

      2007/1696 R v Mark Allan FORREST

      SENTENCE

1 STUDDERT AJ: Mark Allan Forrest is before the Court to be sentenced for the crime of manslaughter. It has been repeatedly remarked upon in the courts that because of the range of circumstances in which this crime may be committed it is difficult to obtain guidance from sentences imposed on other offenders who have committed the crime of manslaughter. As Gleeson CJ remarked, in his much cited judgment in R v Blacklidge, NSWCCA (unreported) 12 December 1995:

          It has long been recognised that the circumstances which may give rise to a conviction for manslaughter are so various, and the range of degrees of culpability is so wide, that it is not possible to point to any established sentencing tariff that can be applied to such cases. Of all crimes, manslaughter throws up the greatest variety of circumstances and culpability.

2 At the outset in my sentencing task I must consider the particular features of this case, both objective and subjective.

3 The victim of the crime here to be considered was Brett John Crittenden. He suffered fatal injuries when stabbed by the offender on the night of 26 January 2007. The stabbing took place in the grounds of a private residence at 52 Elsiemer Street, Long Jetty. The offender stabbed the deceased using a kitchen knife, with a blade some 21 centimetres long and with a handle…

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Regina v Mark Allan Forrest [2008] NSWSC 301
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[2008] NSWSC 301
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CaseChat Overview and Summary

Mark Allan Forrest was sentenced for the manslaughter of Brett John Crittenden, who died from stab wounds inflicted by Forrest. The court had to determine the appropriate sentence for manslaughter, considering the circumstances of the crime, the offender's background, and the legal principles governing sentencing in such cases. Key issues included the degree of provocation, the time lapse between provocation and the loss of self-control, and the degree of violence displayed by the offender. The offender had a history of trauma from a previous stabbing incident, which influenced his perception during the current crime. The court accepted the offender's plea of guilty to manslaughter, which warranted a discount on the sentence. The offender expressed genuine remorse and had good prospects for rehabilitation. After considering all relevant factors and precedents, the court sentenced Forrest to imprisonment with a non-parole period of five years and nine months, commencing on the date of his arrest, 27 January 2007.

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