R v Bartlett [2001] NSWSC 685

R v Bartlett [2001] NSWSC 685

The offender's abnormality of mind substantially impaired his capacity to control himself, and his early plea, absence of prior convictions, psychiatric condition, prison protection and low future risk mitigated sentence; however, the objective gravity of feloniously taking a human life required a substantial custodial sentence, with special circumstances justifying a longer parole period.

Jurisdiction
Australia
Judgment Date
09 August 2001
Procedural Posture
Criminal Sentencing for Manslaughter / Remarks on Sentence After Plea of Guilty to Manslaughter Accepted in Discharge of Murder Indictment
Outcome
Sentenced to eight years imprisonment with a non-parole period of four years.
Legal Topics
['manslaughter' 'substantial Impairment' 'non Parole Period' 'special Circumstances' 'psychiatric Condition']
['criminal Law' 'sentencing'] ['manslaughter' 'substantial Impairment' 'non Parole Period' 'special Circumstances' 'psychiatric Condition']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentencing for Manslaughter / Remarks on Sentence After Plea of Guilty to Manslaughter Accepted in Discharge of Murder Indictment

Legal Issues

  1. 1 ['Sentence to be imposed for manslaughter on the basis of substantial impairment under s23A of the Crimes Act' 'Whether special circumstances warranted departure from the usual proportion between head sentence and non-parole period']

Ratio Decidendi

The offender's abnormality of mind substantially impaired his capacity to control himself, and his early plea, absence of prior convictions, psychiatric condition, prison protection and low future risk mitigated sentence; however, the objective gravity of feloniously taking a human life required a substantial custodial sentence, with special circumstances justifying a longer parole period.

Court Disposition

Sentenced to eight years imprisonment with a non-parole period of four years.

Orders

  • ['Graham David Bartlett was sentenced to imprisonment for 8 years to date from 7 November 2000, with a non-parole period of 4 years.']