R v Bush

The case of R v Bush involved the sentencing of Lance Bush for the manslaughter of Brent Brown. The incident occurred on 31 August 2016 when Bush, along with his father and another co-defendant, planned to steal Brown's car. Bush's role in the assault that led to Brown's death involved holding Brown while his father inflicted severe injuries. Bush pleaded guilty to manslaughter after his father pleaded guilty to murder. The legal issues before the court included determining the appropriate starting point for the sentence, adjusting for personal aggravating and mitigating factors, applying a discount for the guilty plea, and deciding whether to impose a minimum period of imprisonment.

The court began by setting a starting point for the sentence, considering the aggravating and mitigating features of the offending. The court identified three significant aggravating features: Bush's active participation in enabling his father to inflict severe injuries on Brown, the two-on-one assault, and the invasion of Brown's privacy. The court found no pre-meditation or direct infliction of fatal injuries by Bush, and it acknowledged the influence of Bush's father, which reduced but did not excuse his culpability. The court compared Bush's case with other manslaughter cases and settled on a starting point of seven years, six months. The court applied a six-month uplift for Bush's extensive criminal history but declined a separate discount for remorse, finding his statements to reflect regret rather than genuine remorse. A 15 per cent discount for the guilty plea resulted in a sentence of six years, nine months’ imprisonment. The court determined that no minimum period of imprisonment was necessary.

In summary, the court sentenced Lance Bush to six years, nine months’ imprisonment for manslaughter, reflecting his culpability, the harm caused, and the need for deterrence and community protection. The court also formally discharged the murder charge against Bush at the Crown’s request.