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

 

Manslaughter - Non-Custodial (Full Time)  

Case

(age if known)

TypePleaRecordSentenceAppealFacts

Bogunovich

(1985) 16 A Crim R 456

Provocation

Stabbing - domestic

PG 4y Bond Stabbed husband after long history of domestic violence – on night of killing husband had struck offender outside club.

Roberts

NSW SC

(Hunt J)

31.8.1989

Unlawful and Dangerous

Shooting - domestic

PGNil2y GBB Aboriginal female shot husband - history of domestic violence - physical & psychological abuse - treated like a 'dog' - husband had ongoing affair - on day of offence violent argument - intended to shoot husband in leg but confrontation led to shooting in chest.

Gardner

NSWSC

Wood J

27.3.1992

Diminished Responsibility

Provocation

Shooting - domestic

PG 7y GBB 

Shot husband under extreme stress – husband very ill with MS and physically dependent - child suffered cerebral palsy and was also utterly dependent - V terrorised offender and kept gun beside bed – shot V once, then buried and reported him as missing

Extreme use of mechanisms of denial and repression developed to cope with major childhood traumas - son died in lead-up to trial - pregnant at time of sentencing - wholly exceptional case.

Peterson

NSWSC

22.5.1992

(Enderby J)

Provocation

Fight

Stabbing - domestic

PGunimportant

5y Bond

(PSC 5m)

 

Stabbed step brother in fight -element of self-defence - V aggressively picked fight with offender - both been drinking - no premeditation.

History of violence at hands of step father and brothers.

Spencer

NSWSC

Mathews J 18.12.1992

Provocation

Stabbing - domestic

PGNil3y PD 

Killed de facto husband with single stab wound - history of domestic violence - V physically and verbally abusing offender.

Fragile mental state.

Woolsey

NSWSC

Newman J

19.8.1993

Unlawful and dangerous

Stabbing - domestic

PGnil4y GBB History of domestic violence when V drunk – offender assaulted during argument with V - picked up knife to scare V off and stabbed him.

Gilham

(25)

NSWSC

Abadee J

7.4.1995

Provocation

Stabbing - domestic

PGnil5y Bond 

Stabbed brother who had just killed their parents

Remorse - excellent prior character and prospects for rehabilitation.

Armstrong

NSWSC

B-Parker J

25.8.1995

Negligence

Young child

VGNil4y GBB Mother failed to seek medical attention for four hours after child placed in scalding water by de facto - de facto convicted of murder.

Varagnolo

NSWSC

McInerney J

21.3.1996

Unlawful and dangerous

Stabbing - domestic

PGmal wound but not relevant2y GBB 

Long history of violent relationship with V, including rape - night of killing violent argument, including assault on offender's young daughter - picked up knife with intention of frightening V - stabbing occurred when V moved towards offender

Very deprived background – part Aboriginal - stolen generation

Kennedy

(70)

NSWSC

Greg James J

30.6.1998

Unlawful and dangerous

Stabbing - domestic

PG 3y GBB 

Stabbed 78y husband once in stomach - died fourteen days later

Culpability affected by mental conditions including dementia – intoxication – poor health – abused by husband

Hall

(1999) 108 A Crim R 209

NSWSC

Bell J

Negligence

General

PGminor5y GBB 

V staying with offender and Hanslow in caravan – assaulted by Simpson - offender failed to obtain help - all offenders intellectually impaired

Female with good character

Co-offender Simpson dealt with for mal inflict GBH

Co-offender Hanslow dealt with for access after fact to infliction of GBH

Korhonen

(16)

[1999] NSWSC 933

Hulme J

 

(K)

[2000] NSWCCA 24

Diminished responsibility

Provocation

Juvenile

Stabbing - domestic

VGinsignificant4y GBBCrown AD

Stabbed man he had been staying with – previous week had been sodomised by V – element of provocation

Developmental delays and profoundly disturbed - appalling childhood - gross psychiatric disturbances - ill equipped to deal with stress - positive evidence of rehabilitation

Wilson

(40)

[1999] NSWSC 1235

Newman J

Unlawful and dangerous

Drowning

Assault - domestic

PGNil3y GBB 

Assaulted father on boat then threw body overboard wrongly believing him to be dead - father drowned - assault in response to threats made by father against offender's girlfriend - father violent record, on bail for conspiracy to murder.

Good character - service in Naval Reserve - early acknowledgment of guilt - genuine remorse - suffering abnormality of mind at time of offence.

Kennedy

[2000] NSWSC 109

Barr J

Unlawful and dangerous

Stabbing - domestic

PG 4y GBB 

Stabbed de facto husband in chest once during confrontation - circumstances of offence unclear but history of extreme and cruel domestic violence - spontaneous offence

Genuine remorse – suicidal - violent childhood beaten first by mother then victim

Jans

(55)

[2000] NSWSC 525

Grove J

Substantial impairment

Stabbing - domestic

PGNil

PSC 6m

4y GBB

 

Stabbed wife with kitchen knife - found by police threatening to jump off 12 storey roof - undiagnosed Huntington's Chorea disease caused V to become irrationally abusive to offender over long period of time - suffered major depressive episode at time of killing

Forgiven by 3 children and low risk of re-offending.

Sette

(31)

[2000] NSWSC 648

Barr J

Substantial impairment

Young child

Stabbing - domestic

PGnil2y suspended for 2y 

Female removed 1y son from adoptive parents during access visit - stabbed him and hid body in dam - impulsive killing.

Significant depressive illness for long period of time and in dissociated state at time of killing

Forced into adoption by family - support of family – remorse - rehabilitation.

Mika

 

Sagato

 

(2000) 116 A Crim R 31

NSWSC

Grove J

Unlawful and dangerous

Young child

General

PGNil

2y

suspended sentence

 

Husband and wife held down 3y child while mother poured water down his throat - all held genuine and religious beliefs about demons and believed child needed to be exorcised

Mother of child found mentally ill.

Intense religious beliefs – remorse – parents to four children.

Sutcliffe

(25)

 

S McGoldrick

(21)

 

L McGoldrick

(17)

 

[2000] NSWSC 825

Adams J

Unlawful and dangerous

Juvenile

General

PG 

5y 3m

NPP 3y

 

4y 5m

NPP 2y 3m

 

2y 6m PD

 

Four offenders involved in pushing large rocks off motorway overpass attempting to strike truck trailers - one rock smashed through windscreen of V's truck causing death - went to assistance of driver but attempted to conceal involvement in offence.

S: most culpable - limited intelligence – immature - psychological handicaps - genuine remorse - strict protection - good prospects of rehabilitation.

S.McG: less than average intelligence – immature – remorse - onerous conditions of bail.

L.McG: least culpable – immature – remorse

Bateman

[2000] NSWSC 867

Barr J

Substantial impairment

Assault - domestic

PGnil5y GBB 

Killed wife of 51y bashing her to death with hammer while asleep - both offender and wife ill – offender suffered major depression after house damaged by hailstones.

Deep remorse - condition of bond to continue with treatment program.

Li

[2000] NSWSC 1088

G.James J

Substantial impairment

Young child

PGnil5y GBB 

Killed young child intending to then kill self.

Endogenous depression

Remorse and retained family support.

Suters

(19 – 27 at sentence)

[2000] NSWSC 1116

Greg James J

Accessory

Assault - general

PGnil2y PD 

8 years ago involved in burglary at victim's house - V assaulted and died from heart attack when surprised co-offender inside house - offender waited outside house and acted as lookout - helped remove body - co-offender dealt with as accessory after homicide and placed on recog.

Good rehabilitation - assistance - Ellis discount - remorse.

Do

[2001] NSWCCA 19

Negligence

Shooting - general

VG 

MT 18m

AT 18m

(PD)

Conviction ADSpent night in company with V and friend drinking, smoking heroin and taking rohypnol and playing with V's shotgun - pointed gun at V and deliberately pressed after playing with safety catch - thought he had put safety catch back on.

Cooper

(21)

[2001] NSWSC 769

Simpson J

Infanticide

Young child

Assault - domestic

PG 4y GBB Female - smothered 7 month old daughter – also had 2y old at time of killing - difficult and abusive childhood - suffering depression prior to and after birth of all children - unable to cope with responsibility.

Melrose

[2001] NSWSC 847

McClellan J

Unlawful and dangerous

Stabbing - domestic

PG 4y GBB 

Aboriginal woman stabbed partner during violent argument – V had assaulted offender earlier in evening – long term domestic violence - isolated by move to another town and became depressed.

Remorseful and severe psychiatric reaction to killing - significant suicide risk

ANG

(16)

[2001] NSWSC 758

Ireland AJ

Negligence

Drowning

Juvenile

PGnil2y suspended sentence 

Pushed unconscious body of 31y uncle into river - did so at earlier request of suicidal uncle - uncle suffered depression and intoxicated at time - offender under influence of drugs from drinks spiked without knowledge of offender.

Well respected youth - good family support - deeply affected by incident - rehabilitation.

Pope

[2002] NSWSC 397

Greg James J

Infanticide

Young child

Drowning

PG 3y GBB 

Mother drowned 12w daughter in bath - existing mental condition worsened after birth of baby - nature and extent of condition not fully realised

Some improvement in mental condition - support of husband and family

Yeoman

(43)

[2003] NSWSC 194

Buddin J

Unlawful and dangerous

Stabbing - domestic

PGNil4y GBB 

Stabbed de facto husband of 25y once in heart - both heavily intoxicated – not fully aware of actions due to effect of intoxication - element of provocation and long history of DV – stabbed V on previous occasion

Prior good character - isolation caused by recent move - grief over recent death of father - effect of imprisonment on 5y old son - genuine remorse - excellent prospects of rehabilitation

Dawes

[2004] NSWCCA 363

Substantial impairment

Assault – domestic

Young child

PGNil5y GBBCrown AD

Mother suffocated 10y autistic son – suffering major depressive illness – unable to obtain proper assistance or intervention – V very difficult to manage – verbal and physical abuse by husband – illness and death of family members – step father physically abusing daughter – made serious attempt at suicide

Depressive illness - remorse and contrition – evidence of rehabilitation with daughter

Nicol

(86)

[2005] NSWSC 547

Hulme J

Substantial impairment

Assault - domestic

PGNil

2y

NPP 1y

Suspended

 

Assaulted wife with iron bar and asphyxiated with plastic bag – genuine attempted at suicide – intent to kill

Elderly couple with many health problems - depression

Jukes

(20)

[2006] NSWSC 1065

Hoeben J

 

[2008] NSWSC 126

Hoeben J

Unlawful and dangerous

Stabbing - domestic

PGNil

2y

NPP 12m

suspended

 

 

On breach of suspended sentence

2y

NPP 12m

 

Female – stabbed mother's boyfriend during confrontation in kitchen – instinctive act – single stab wound – low range culpability

Unfortunate background – mother to 5 children – youngest child disabled – immediate remorse – 90d PSC – 2y 6m rigorous reporting

Sentence subsequently breached after commission of further offence of BES, failure to comply with reporting and counselling conditions and continued amphetamine addiction – pregnant at time of re-sentence

Gow

[2006] NSWDC 78

Berman DCJ

Negligence

General

PGNil

18m

NPP 12m

suspended

 

Patient died from drug prescribed by doctor – prescribed wrong form of morphine – failed to properly instruct V as to taking of drug – failed to write instructions on prescription as required – looked up wrong drug in writing out required amount – tired and under stress

Remorse – admitted mistake openly in court – excellent character – caring doctor

R. Sutton

(63)

 

M.Sutton

(60)

 

[2007] NSWSC 295

Barr J

Substantial impairment

General

PG

 

 

PG

Nil

 

 

Nil

5y GBB

 

 

5y GBB

 

Parents killed severely disabled 29y son – V suffering blindness, severe mental retardation and restriction of hearing –required surgery to stop brain infection – surgery would cause temporary deafness and reduced quality of life – V difficulty in dealing with changes in life – spontaneous decision out of love for son – both offenders suffering major depressive illness brought on by years of stress and commitment to son – mother administered sedative – father killed V – cause of death undisclosed - Severe depressive disorder

Suicide risk – should not be separated

Carroll

(20)

(2008) 188 A Crim R 253

NSWCCA

 

[2009] HCA 13

 

(2010) 200 A Crim R 284

NSWCCA

Unlawful and dangerous

Fight

Assault - general

PGNil

3y

NPP 18m

PD

Crown AA

3y

NPP 18m

 

AA

Matter remitted to CCA

 

Crown AA

18m suspended sentence to date from 1.12.2009

Altercation outside hotel between V and offender's group of friends – V made idle threat to kill – offender head butted V who fell back onto road – died ten days later – V heavily intoxicated

Excellent prior character – depression resulting from offence – genuine understanding of consequences of act – excellent prospects of rehabilitation

Full-time imprisonment required but in light of exceptional circumstances imprisonment suspended

Irvine

(20)

[2008] NSWCCA 273

Unlawful and dangerous

Excessive self defence

Assault - general

PG

(25%)

nil

3y

NPP 2y

PD

Crown AD

Met male stranger outside toilet block while waiting for friend – intoxicated but not drunk – after sharing drink and talking subjected to bear hug by V – misunderstanding as to actions and motives – panicked and stabbed V twice – carried knife for protection – impulsive offence – no intent to kill – V suffering Asperger's – offender not homophobic

No history of violence – remorse – very good prospects of rehabilitation – early abuse of alcohol

HA

(29)

[2008] NSWSC 1368

Rothman J

Criminal negligence

Young child

General

PG

(35% plea and assist)

Nil2y suspended sentence 

Failed to obtain medical care for 4y son – son suffering numerous medical conditions resulting in severe malnutrition – died from pneumonia and kidney infection – need for medical care would have been obvious to parents – medical care declined due to genuine religious beliefs of HA and husband – husband older and dominating figure (although not abusive) – breach of trust - child otherwise well cared for – low level of culpability

Mother to ten surviving children – husband died since arrest – subsequent support of family and providing good care for remaining children – remorse – borderline intelligence

B

(14)

NSWDC

Sides SC DCJ

18.12.2009

Negligence

Juvenile

Shooting - domestic

PGnil4y GBB 

Accidentally shot 14y best friend in house with single barrel pump action shotgun - Gun improperly kept in wardrobe in master bedroom –fired gun without checking if loaded – gun pointed at V accidentally when offender pulled trigger to see if loaded - offender and V armed themselves with knives and took out shotgun in response to presence outside of stranger seeking assistance – left alone in house at night – received no training in handling of guns – momentary error of judgment

Immediate assistance to V – genuine remorse – Post traumatic stress disorder – long-term effects of recent illness makes him vulnerable in custody – excellent prospects of rehabilitation and no re-offending

AJC

(17)

(2010) 207 A Crim R 307

NSWCCA

Unlawful and dangerous

Assault – general

Juvenile

PG

(40% for plea and assist on appeal)

nil

2y 6m

NPP 18m

PD

Crown AA

3y

NPP 1y 9m

PD

Single punch to 20y male at show – been advised by co-accused that V had tried earlier to fight physically vulnerable youth – followed V and delivered unexpected punch to head – no provocation or opportunity for self-defence – innocent V – impulsive attack of immature youth - committed in presence of child under 18y – below mid-range

Genuine and deep remorse – voluntarily surrendered to police – assistance in relation to co-accused – publicly named by newspaper

On appeal - discount for assistance excessive

Mathers

[2011] NSWSC 339

Hall J

Substantial impairment

General

PGNil

2y

suspended sentence

 Assisted partner to commit suicide - ingestion of amitriptyline tablets and final act of suffocation - long relationship of 22 years – V had suffered pain from spinal condition -  V expressed wish to die in suicide note – participation would not have been discovered but for offender's disclosures to police – suffering depressive illness/adjustment disorder - only motive was to assist V in carrying out her express intention - no lengthy period of planning or premeditation - culpability at low end of range of sentences for manslaughter - leniency due to disclosures, confession of guilt and plea of guilty

MB

(35 at offence – 41 at sentence)

[2017] NSWSC 619

Beech-Jones J

Substantial impairment

Drowning

Young child

PGNil significant

4y GBB

 

(little under 2y served in custody)

 

2010 offence - mother either drowned or failed to retrieve 6m daughter from water – reckless indifference to life – breach of trust – not planned

Suffering schizoaffective disorder – major depressive disorder with psychotic features – become obsessed that daughter had genetic disorder despite testing showing no abnormality – found not fit to plead and sentenced to limiting term for murder – spent just under 2 years in custody before stabilising and entering plea for manslaughter

Good personal support – prospects of rehabilitation – extra curial punishment – importance of supervision and reintegration into community

Last Updated: 29.3.2018

 

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