Back to Top

Back to Sentencing Tables Index 

This table is intended to be used as a guide only. Individual cases should be read if they are to be relied upon.

 

Manslaughter - Limiting Term  

Case

(age if known)

TypePleaRecordSentenceAppealFacts

DPP v AB (No.2)

(64)

[2014] NSWSC 1038

Adams J

Substantial impairment

Assault – shooting

Special hearing 7y limiting term 

Drove to home of estranged partner and shot her five times – angered by separation and subsequent behaviour

Dementia / brain damage / depression

Peterson (No.5)

(62)

[2014] NSWSC 1080

Campbell J

Substantial ImpairmentSpecial hearingNot long but contains assault offences8y limiting term 

Assaulted intoxicated male friend with baseball bat – always accepted guilt to manslaughter

Facts contained in Peterson (No.4) [2014] NSWSC 1056

Serious intellectual disability – compounded by epilepsy and frontal lobe damage – abandoned by family – unable to work

Aller (No.2)

[2015] NSWSC 402

Hidden J

Substantial impairment

Stabbing – domestic

Special hearingViolence – offences against two previous female partners – breached bail11y 6m limiting term 

Repeatedly stabbed female partner after argument – spontaneous – sustained and ferocious attack – history of alcohol abuse and domestic violence – substantial impairment did not markedly reduce culpability

Suffered from schizophrenic illness – remorse – 15% reduction for offer to plead guilty

Blanks

(58)

[2016] NSWSC 707

Hall J

Unlawful and dangerous

Special hearing

(murder trial)

Minor and irrelevant5y limiting term 

Female - tempestuous relationship – during argument stabbed male partner with vegetable knife in leg severing femoral artery – spontaneous action

Unhappy and violent childhood – two violent relationships as an adult – long term chronic substance abuse resulting in cognitive deficits – possible underlying psychiatric illness

Last updated: 28/4/2018 

  

Back to Sentencing Tables Index