Nguyen v The Queen [2015] HCATrans 330 (11 December 2015)

Criminal law – Sentencing – Manslaughter – Excessive self-defence – Where deceased a police officer – Where appellant taken to have shot deceased in honest but mistaken belief that deceased was person posing as police officer with intent to rob appellant – Whether sentencing judge erred in assessment of objective gravity of offence by taking into account absence of circumstance which if present would render subject offence a different offence – Relevance of R v De Simoni (1981) 147 CLR 383.  Sentencing – Totality principle

Michelle Rabsch appeared as junior to David Arnott SC representing the Director of Public Prosecutions (NSW).