Appeal over manslaughter of Catholic college student

The defendant – who was granted permanent name suppression at a High Court sentencing in July – appeared before the Court of Appeal on November 11.

The teen was convicted of the manslaughter of 16-year-old Trinity Catholic College student Enere McLaren-Taana following a jury trial in March.

The teen’s counsel, Anne Stevens KC, said his sentence of three years and three months’ imprisonment was too harsh. She also argued her client should not have been convicted, highlighting the consequence of deportation.

Alternatively, if he was convicted, she argued the sentence should have been home detention. She said in sentencing the boy, Justice Robert Osborne did not agree he was acting in excessive self-defence.

Crown counsel Peter Marshall said the original sentence imposed was appropriate.

Justice Osborne considered the defendant’s personal circumstances, including age and background, and gave appropriate weight to those matters, he said.

Mrs Stevens said the defendant’s age and past trauma caused him to act impulsively because he felt Enere was a threat. The teen was aged 13 at the time of the killing.

Mr Marshall, though, said Justice Osborne was entitled to find the defendant had been the aggressor after assessing all the evidence, including CCTV coverage, at trial.

At sentencing, the defendant was allowed significant discounts for his personal circumstances and youth, Mr Marshall added.

The panel of Court of Appeal judges reserved their decision.

FULL STORY

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