Roger, age 22, has entered a plea of guilty to the manslaughter of Thomas. The circumstances of the offence are as follows:
Roger was out celebrating the completion of an apprenticeship as a mechanic in Kings Cross. His mates knew Roger had a tendency to become nasty when he was "charged" (intoxicated), so they had been encouraging him to slow down. Nevertheless Roger continued to drink Beam and Coke as though it were water. Roger had tried to pick fights with two other young men earlier in the evening but his mates had successfully stopped him. At around midnight Roger was separated from his mates. He was walking along Darlinghurst Road when he stumbled across Thomas who was with three female friends. Roger yelled out to Thomas "ya f@rking black cvnt". Thomas turned around and walked away. Roger "king hit" Thomas from behind who then fell. Thomas' friends later told police they heard a cracking sound when his head hit the pavement. Thomas was rushed to St Vincent's hospital but he died 24 hours later. Thomas was an 18-year old Aboriginal man from Arnhem Land who had been living in Sydney for the past 4 years so he could undertake a scholarship at Shore (a Sydney private school). He was the youngest of three children and the first person in his family to complete high school. His parents were devastated by his death.
While on remand awaiting sentence, Roger's solicitor arranges for him to see a forensic psychologist, Sally. This is what Roger tells Sally:
- - The only thing he remembers from that night is a blurry image of his fist
- connecting with Thomas' head and the cracking sound when he fell. He has been consumed with feelings of regret and self-loathing and has been unable to sleep. Corrective services have placed him on a suicide watch.
- - He grew up in a small country town in Western New South Wales with 5 siblings, all from different fathers. He and his siblings lived with his mother and step-father. His step father was a violent man. Roger recounts one occasion when they were all sitting around the dinner table when his step-father became angry at his step- mother, grabbed a machete and threatened to chop her head off and watch it roll onto the floor. His step-father is currently serving a 4-year gaol sentence for several serious assaults on his mother.
- - He started getting in trouble with the police at the age of 12 until an uncle took him under his wing. He completed year 10 at high school and then undertook an apprenticeship. He has not been in trouble with the police since the age of 15.
- After plea negotiations with the prosecution, as a result of which a murder charge was withdrawn, Roger entered a plea of guilty to manslaughter. The maximum penalty for manslaughter is 25 years imprisonment.
- Question is: If you are a judge, what sentence will you impose and why?