R v Camilleri [2021] NSWSC 221

R v Camilleri [2021] NSWSC 221

Given the extreme gravity of the offence, substantial impairment by reason of mental disorder, and moderate to high risk of reoffending, the sentence imposed reflects a statutory 10% discount for the offered plea, but no further amelioration; community protection and the seriousness of the crime require a lengthy custodial term.

Jurisdiction
Australia
Judgment Date
12 March 2021
Procedural Posture
Criminal / Sentencing After Trial
Outcome
Jessica Camilleri sentenced for manslaughter to 21 years and 7 months' imprisonment, with a non-parole period of 16 years and 2 months.
Legal Topics
['manslaughter' 'substantial Impairment' 'sentencing' 'mental Health and Criminal Responsibility' 'discount for Guilty Plea']
['criminal Law'] ['manslaughter' 'substantial Impairment' 'sentencing' 'mental Health and Criminal Responsibility' 'discount for Guilty Plea']

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Procedural Posture

Criminal / Sentencing After Trial

Legal Issues

  1. 1 ['Appropriate sentence for manslaughter where offence reduced from murder by reason of substantial impairment' 'Consideration of discount applicable for offer to plead guilty to manslaughter' 'Impact of psychiatric disorders on sentence and future dangerousness' 'Application of De La Rosa, Keceski, and sentencing principles for offenders with mental health issues']

Ratio Decidendi

Given the extreme gravity of the offence, substantial impairment by reason of mental disorder, and moderate to high risk of reoffending, the sentence imposed reflects a statutory 10% discount for the offered plea, but no further amelioration; community protection and the seriousness of the crime require a lengthy custodial term.

Court Disposition

Jessica Camilleri sentenced for manslaughter to 21 years and 7 months' imprisonment, with a non-parole period of 16 years and 2 months.

Orders

  • ['Offender sentenced to a term of imprisonment for 21 years and 7 months commencing 20 July 2019 and expiring 19 February 2041.' 'Non-parole period of 16 years and 2 months imprisonment, expiring 19 September 2035.' 'Registrar to send certain psychiatric and health reports and Ex. S1 to the Governor of the prison...