A planned stand-off with a deadly ending for one

Recent NSW Criminal Court : Manslaughter --- Defence of excessive self-defence

R v Marshall [2026] NSWSC 1165

NSW

In the rural town of Bungonia, the defendant, Robert Marshall, stabbed the deceased, Adam Cordingley, three times on the 23rd of March 2024. The Crown ( R ) prosecuted Mr Marshall for his criminal conduct: manslaughter (s 24 Crimes Act 1900 (NSW)).

'Whosoever commits the crime of manslaughter shall be liable to imprisonment for 25 years—

Provided that, in any case, if the Judge is of the opinion that, having regard to all the circumstances, a nominal punishment would be sufficient, the Judge may discharge the jury from giving any verdict, and such discharge shall operate as an acquittal'.

The defendant claimed the action was to the effect of self-defence, as Adam (the deceased) attacked him over a personal feud and confrontation.

Justice McGuire presided over the matter in the Supreme Court of NSW. In determining the objective seriousness of the offence, McGuire J considered numerous facts of the circumstances which were presented at paragraph [40].

• Defendant (Marshall) held a weapon (31 cm Knife) whilst the deceased (Cordingley) had no weapon.

• The deceased was trespassing on the property and punched the defendant after a confrontation.

• In alleged retaliation for the deceased's (Cordingley) aggression, the defendant (Marshall) stabbed Cordingley 3 times.

• The defendant called emergency services, both police and ambulance, at 9:16 pm.

McGuire J stated he believed the weapon was only drawn for protective measures and that the defendant did not have intent to kill Cordingley. Although the defendant's actions were not in proportion to Cordingley's force, McGuire J ruled it to be an excessive amount of force, and though no intention to kill was present, the defendant's actions were dangerous and unlawful.

The defendant was charged with Manslaughter and sentenced to prison for a term consisting of 6 years from the 27th April 2026.

McGuire J also warned the defendant he was now subject to the Crimes (High Risk Offenders) Act 2006 (NSW) s 25C.