R v Simon Peter BRADDON [2012] NSWSC 662

R v Simon Peter BRADDON [2012] NSWSC 662

The offender's manslaughter involved multiple blows with a piece of wood to a significantly smaller victim in the victim's home, causing death from blood loss due to a lacerated spleen. Although the offence was serious, the attack was spontaneous and opportunistic, the offender did not intend death or serious injury, his bipolar affective disorder and manic mental state contributed to his behaviour, he was genuinely remorseful, had reasonable prospects of rehabilitation if treated and abstinent from substances, and pleaded guilty at the first reasonable opportunity. A sentence of 7 years was reduced by 20% to 5.5 years, with special circumstances justifying a non-parole period of 3 years...

Jurisdiction
Australia
Judgment Date
15 June 2012
Procedural Posture
Criminal Manslaughter Sentence / Sentence Following Plea of Guilty to Manslaughter Accepted in Discharge of Murder Indictment
Outcome
The offender was sentenced to imprisonment for manslaughter for 5.5 years with a non-parole period of 3 years, commencing on 23 December 2010.
Legal Topics
['manslaughter' 'plea of Guilty' 'unlawful and Dangerous Act' 'mental Illness' 'bipolar Affective Disorder' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing'] ['manslaughter' 'plea of Guilty' 'unlawful and Dangerous Act' 'mental Illness' 'bipolar Affective Disorder' 'special Circumstances' 'non Parole Period']

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Procedural Posture

Criminal Manslaughter Sentence / Sentence Following Plea of Guilty to Manslaughter Accepted in Discharge of Murder Indictment

Legal Issues

  1. 1 ['What sentence should be imposed for manslaughter by an unlawful and dangerous act after a plea of guilty.' "How the offender's bipolar affective disorder and manic mental state at the time of the offence affected moral culpability and mitigation." 'What allowance should be made for the early plea of guilty, remorse, prospects of rehabilitation and special circumstances.' "How aggravating features, including use of a weapon, multiple blows and commission of the offence in the victim's home, affected the gravity of the offence."]

Ratio Decidendi

The offender's manslaughter involved multiple blows with a piece of wood to a significantly smaller victim in the victim's home, causing death from blood loss due to a lacerated spleen. Although the offence was serious, the attack was spontaneous and opportunistic, the offender did not intend death or serious injury, his bipolar affective disorder and manic mental state contributed to his behaviour, he was genuinely remorseful, had reasonable prospects of rehabilitation if treated and abstinent from substances, and pleaded guilty at the first reasonable opportunity. A sentence of 7 years was reduced by 20% to 5.5 years, with special circumstances justifying a non-parole period of 3 years...

Court Disposition

The offender was sentenced to imprisonment for manslaughter for 5.5 years with a non-parole period of 3 years, commencing on 23 December 2010.

Orders

  • ['Simon Peter Braddon is sentenced to a non-parole period of 3 years, commencing on 23 December 2010 and expiring on 22 December 2013.' 'Simon Peter Braddon is sentenced to a balance of term of 2.5 years, commencing on 23 December 2013 and expiring on 22 June 2016.' 'Simon Peter Braddon will be eligible for release...