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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 - Limiting Term  


(age if known)


DPP v AB (No.2)


[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)


[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



[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

Wilson (No.5)


[2018] NSWSC 1077

Schmidt J

Substantial impairment

Excessive self defence


Special hearing

(murder trial)

nil2y 6m 

Female – during argument with partner hit him with metal pole them poured boiling water over victim – acted in excessive self-defence, provocation and suffering substantial impairment – responding to violence of victim - burns contributed to death by hypervolemia – victim suffering cirrhosis of liver – spontaneous offence – not aware of seriousness of injuries – abusive relationship – towards lower end of scale of seriousness

Aboriginal woman with profound history of deprivation – serious physical ill health and mental and intellectual impairments - remorse

Last updated: 13.8.2018 


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