R v Stephenson [2007] NSWSC 672

R v Stephenson [2007] NSWSC 672

The offender, having pleaded guilty to manslaughter by an unlawful and dangerous act (without intent to kill or inflict grievous bodily harm), in a domestic context with no prior violence and under the influence of drugs and alcohol, is to be sentenced with consideration for general deterrence, but entitled to leniency due to his guilty plea, remorse, absence of prior violence, and good prospects of rehabilitation. Special circumstances warrant variation from the standard parole period ratio.

Jurisdiction
Australia
Judgment Date
29 June 2007
Procedural Posture
Criminal / Sentencing
Outcome
Imprisonment
Legal Topics
['manslaughter' 'sentence' 'domestic Violence' 'drug and Alcohol Intoxication']
['criminal Law'] ['manslaughter' 'sentence' 'domestic Violence' 'drug and Alcohol Intoxication']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for manslaughter in domestic context where offender was affected by drugs and alcohol and had no prior history of violence']

Ratio Decidendi

The offender, having pleaded guilty to manslaughter by an unlawful and dangerous act (without intent to kill or inflict grievous bodily harm), in a domestic context with no prior violence and under the influence of drugs and alcohol, is to be sentenced with consideration for general deterrence, but entitled to leniency due to his guilty plea, remorse, absence of prior violence, and good prospects of rehabilitation. Special circumstances warrant variation from the standard parole period ratio.

Court Disposition

Imprisonment

Orders

  • ['Imprisonment for a non-parole period of three-and-a-half years commencing on 25 February 2006 and expiring on 24 August 2009' 'Balance of term of two-and-a-half years commencing on 25 August 2009 and expiring on 24 February 2012']