The Queen v McKnight, Stuart Matthew [2017] VSC 782

CRIMINAL LAW
Judgment type: 
Supreme Court of Victoria
Judge(s): 
Croucher J
Parties: 

The Queen v McKnight, Stuart Matthew

Judgment Date: 
22 December 2017
Catchwords: 

CRIMINAL LAW - Sentence - Manslaughter by unlawful and dangerous act - Arson - Accused (aged 45) mistakenly perceived a sexual advance while helping his neighbour (aged 79) and then bashed him in his own home - Accused then burned down house with neighbour (believed dead) still inside - Very serious examples of manslaughter and arson - Commenced as murder trial but jury discharged and new indictment filed over - Pleas of guilty - Limited remorse - Depressing criminal history - Only fair prospects of rehabilitation - Sentence of eleven years' imprisonment for manslaughter, five years' imprisonment for arson - After cumulation, total effective sentence of thirteen years' imprisonment with non-parole period of ten years - But for pleas of guilty, sentence of sixteen years' imprisonment with non-parole period of thirteen years - Sentencing Act 1991 (Vic), s5, s6AAA & s18.

Citation: 
[2017] VSC 782