R v Robertson CA472/04

Kelly Raymond Robertson was convicted of manslaughter following a knife fight with Kevin Weavers, the National President of the Highway 61 motorcycle gang. Robertson and two others, Gould and Brittain, went to the gang headquarters to retrieve Brittain's motorcycle which had been taken by Weavers and his associates. The three men were armed, with Robertson carrying a knife. A fight ensued and Weavers was stabbed in the leg, causing a fatal wound to the femoral artery. Robertson and Gould were acquitted of murder but Robertson was convicted of manslaughter. He appeals against both conviction and sentence. The appeal against conviction hinges on the following issues: the jury's verdict was unreasonable; there were deficiencies in the police investigation which impacted on Robertson's defence; there was prosecutorial misconduct; there was a ruling that a witness was hostile; and the summing-up was unfair. The appeal against sentence contends that the sentence was manifestly excessive and that the minimum non-parole period should not have been imposed. Robertson's application to adduce additional evidence was declined. The conviction appeal was dismissed, but the sentence appeal was allowed in part. The minimum non-parole period of six years eight months was set aside and replaced by a period of five years. The sentence was otherwise confirmed.