Regina v Mark Allan Forrest - [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

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…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Regina v Mark Allan Forrest

Details

AGLC: Regina v Mark Allan Forrest [2008] NSWSC 301
Case: [2008] NSWSC 301
Decision Date: 4 April 2008

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.

Orders