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Supreme Court 17 February 2015

R v Matthews

[2015] NSWSC 49

Assault & violenceHomicide
CRIMINAL LAW SENTENCING MANSLAUGHTER VICTIM KILLED IN FIGHT VIOLENCE INVOLVING ALCOHOL VICTIM WITH UNDIAGNOSED ANEURYSM

Citation: R v Matthews [2015] NSWSC 49
Court: Supreme Court of New South Wales
Date: 17 February 2015
Judge(s): Davies J

Background

The offender was originally convicted of the murder of Scott Miller following a street fight in Sydney on 22 February 2011. The Court of Criminal Appeal later quashed that conviction, directed an acquittal on murder, and ordered a new trial on the lesser charge of manslaughter. The offender subsequently pleaded guilty to manslaughter.

The fight occurred on a public street near Taylor Square, Darlinghurst. Both men knew each other and there had been tension between them, including a confrontation the previous evening. On the night in question, the offender had consumed a significant amount of alcohol throughout the day, despite being subject to conditional liberty conditions that prohibited him from drinking. A physical altercation broke out between the two men, during which the offender punched Miller to the head several times. Miller fell and struck an iron railing before collapsing to the ground.

Miller died on 22 February 2011 from an acute subarachnoid haemorrhage caused by the rupture of a vertebral artery aneurysm. The aneurysm was a congenital weakness that had not been diagnosed during his lifetime. The forensic pathologist could not determine with precision how much of the rupture resulted from direct trauma as opposed to changes in blood pressure during the fight.

  • What was the appropriate categorisation of the manslaughter, and how serious was the offending objectively?
  • What weight should be given to the offender's personal circumstances, including his background, criminal history, and the effect of his deprived upbringing on his moral culpability?
  • What discount applied for the guilty plea, and what was the appropriate sentence, taking into account time already served in custody?

Decision

Davies J accepted that the manslaughter was properly characterised as arising from an unlawful and dangerous act in the context of a congenital weakness of the deceased that was unknown to the offender. The fight occurred in a public place in the presence of bystanders, which aggravated the seriousness of the offending. However, the court distinguished this case from random stranger attacks: the men knew each other, there were pre-existing tensions between them, it was unclear who threw the first punch, and but for the aneurysm the offender would likely have faced only a charge of assault occasioning actual bodily harm.

The offender's breach of his conditional liberty conditions, which expressly prohibited alcohol consumption, was a significant aggravating factor. His prior record for violence was described as most unsatisfactory. The court also considered his deprived background, drawing on the principles in Bugmy v The Queen, and acknowledged the limited weight that general deterrence carries in cases involving an offender with such a background.

Davies J set a starting point of 10 years imprisonment. A 25 per cent discount was applied for the guilty plea, which was entered at the first available opportunity after the new trial was ordered. The sentence was backdated to 19 September 2011, the date the offender had been in custody in connection with this offending.

Orders Made

  • Non-parole period of 5 years, commencing 19 September 2011 and expiring 18 September 2016
  • Additional term of 2 years and 6 months, expiring 18 March 2019

Key Takeaways

  • Where an offender commits a fatal assault on a person with an undiagnosed aneurysm, manslaughter may be characterised as an unlawful and dangerous act in the context of a congenital weakness unknown to the offender, bearing on both the nature of the offending and the assessment of objective seriousness.
  • Committing alcohol-fuelled violence in a public place remains a significant aggravating factor in manslaughter sentencing, and is more serious still where the offender was subject to a conditional liberty condition expressly prohibiting alcohol consumption.
  • A 25 per cent discount for a guilty plea was applied where the offender pleaded guilty at the first available Arraignments List after a new trial was directed by the Court of Criminal Appeal.
  • The Supreme Court confirmed that manslaughter statistics are of limited utility in sentencing comparisons because, as Spigelman CJ observed in R v Forbes, manslaughter is of a "protean character" and encompasses an exceptionally wide range of factual circumstances.
  • Applying Bugmy v The Queen, the sentencing court took into account the offender's deprived background when assessing moral culpability, though this did not displace the importance of specific deterrence given his prior record for violence.

Legislation and Cases Referenced

Legislation
- Crimes (Sentencing Procedure) Act 1999 (NSW)

Cases
- Bugmy v The Queen [2013] HCA 37; (2013) 249 CLR 571
- Butters v R [2010] NSWCCA 1
- Donaczy v R [2010] NSWCCA 143
- Hopley v R [2008] NSWCCA 105
- Matthews v R [2014] NSWCCA 151 (appeal allowing the quashing of the murder conviction)
- Pfitzner v R [2010] NSWCCA 314
- R v Forbes [2005] NSWCCA 377; (2005) 160 A Crim R 1
- R v Grenenger [1999] NSWSC 380
- R v Loveridge [2014] NSWCCA 120
- R v Matthews [2013] NSWSC 659 (original sentencing for murder)
- R v O'Hare [2003] NSWSC 652
- R v Simpson [2001] NSWCCA 534; (2001) 53 NSWLR 704
- R v Windle [2012] NSWCCA 222