Regina v Scott [2003] NSWSC 627

Regina v Scott [2003] NSWSC 627

Although the offender acted in apprehension for her safety and the manslaughter plea on the basis of excessive self-defence was supported, the force used was markedly excessive and the subsequent burial and concealment of the deceased's body were serious aggravating circumstances. Her depression, fear, alcohol dependency history, rehabilitation prospects, special circumstances and guilty plea substantially mitigated sentence, but did not make a non-custodial sentence appropriate for the taking of human life. A custodial sentence of five years after a 15 percent guilty plea discount, with a non-parole period of two years six months backdated to 8 June 2002, was warranted.

Jurisdiction
Australia
Judgment Date
10 July 2003
Procedural Posture
Criminal Sentencing for Manslaughter / Sentence After the Offender Pleaded Not Guilty to Murder But Guilty to Manslaughter, With the Crown Accepting the Plea in Satisfaction of the Indictment
Outcome
The offender was sentenced to five years imprisonment with a non-parole period of two years six months, backdated to commence on 8 June 2002, and was to be eligible for parole on 7 December 2004.
Legal Topics
['manslaughter' 'excessive Self Defence' 'guilty Plea Discount' 'aggravating and Mitigating Factors' 'non Parole Period' 'alcohol Dependency and Depression']
['criminal Law' 'sentencing'] ['manslaughter' 'excessive Self Defence' 'guilty Plea Discount' 'aggravating and Mitigating Factors' 'non Parole Period' 'alcohol Dependency and Depression']

Case Brief

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Procedural Posture

Criminal Sentencing for Manslaughter / Sentence After the Offender Pleaded Not Guilty to Murder But Guilty to Manslaughter, With the Crown Accepting the Plea in Satisfaction of the Indictment

Legal Issues

  1. 1 ['What facts relevant to sentence should be found for a manslaughter plea based on excessive self-defence' "Whether the offender's burial and concealment of the deceased's body and the violence used were aggravating factors" "Whether the offender's subjective circumstances justified a non-custodial sentence" 'What discount should be allowed for the guilty plea and what non-parole period should be set']

Ratio Decidendi

Although the offender acted in apprehension for her safety and the manslaughter plea on the basis of excessive self-defence was supported, the force used was markedly excessive and the subsequent burial and concealment of the deceased's body were serious aggravating circumstances. Her depression, fear, alcohol dependency history, rehabilitation prospects, special circumstances and guilty plea substantially mitigated sentence, but did not make a non-custodial sentence appropriate for the taking of human life. A custodial sentence of five years after a 15 percent guilty plea discount, with a non-parole period of two years six months backdated to 8 June 2002, was warranted.

Court Disposition

The offender was sentenced to five years imprisonment with a non-parole period of two years six months, backdated to commence on 8 June 2002, and was to be eligible for parole on 7 December 2004.

Orders

  • ['Cheryl Ann Scott is sentenced to a term of five years imprisonment.' 'A non-parole period of two years six months is set, commencing on 8 June 2002 and expiring on 7 December 2004.' 'The offender is to be eligible to parole on 7 December 2004.' 'During her time in prison, the offender should be provided with...