R v BELLCHAMBERS [2010] NSWDC 306

R v BELLCHAMBERS [2010] NSWDC 306

The offender unlawfully and dangerously assaulted Ms Barry, causing the head injury that was a substantial and precipitating cause of her coma and later death. The seriousness of sustained violence in a domestic relationship, the offender's failure to obtain assistance, the absence of real practical remorse, and the need for specific and general deterrence required a substantial custodial sentence, although delay, lack of prior convictions, medical and psychological background, age and low risk of reoffending justified a finding of special circumstances and concurrency for count 1.

Jurisdiction
Australia
Judgment Date
12 November 2010
Procedural Posture
Criminal Sentencing for Manslaughter and Assault Occasioning Actual Bodily Harm / Remarks on Sentence After Jury Verdict of Guilty on Manslaughter and Guilty Plea to Assault Occasioning Actual Bodily Harm
Outcome
Offender sentenced to imprisonment on both counts, with count 1 to be served concurrently with count 2 and special circumstances found.
Legal Topics
['manslaughter' 'assault Occasioning Actual Bodily Harm' 'domestic Violence' 'mental Illness and Sentence' 'remorse' 'delay' 'special Circumstances' 'concurrency of Sentences']
['criminal Law' 'sentencing'] ['manslaughter' 'assault Occasioning Actual Bodily Harm' 'domestic Violence' 'mental Illness and Sentence' 'remorse' 'delay' 'special Circumstances' 'concurrency of Sentences']

Case Brief

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Procedural Posture

Criminal Sentencing for Manslaughter and Assault Occasioning Actual Bodily Harm / Remarks on Sentence After Jury Verdict of Guilty on Manslaughter and Guilty Plea to Assault Occasioning Actual Bodily Harm

Legal Issues

  1. 1 ['What sentence should be imposed for manslaughter under s 18(1)(b) of the Crimes Act (NSW) 1900.' 'What sentence should be imposed for assault occasioning actual bodily harm under s 59(1) of the Crimes Act.' "Whether the offender's mental health, alcohol abuse, medical history and delay should mitigate sentence." 'Whether the absence of practical manifestations of remorse affected sentence.' 'Whether special circumstances justified an adjustment to the statutory ratio between non-parole period and head sentence.' 'Whether the sentence for count 1 should be served concurrently with the sentence for count 2.']

Ratio Decidendi

The offender unlawfully and dangerously assaulted Ms Barry, causing the head injury that was a substantial and precipitating cause of her coma and later death. The seriousness of sustained violence in a domestic relationship, the offender's failure to obtain assistance, the absence of real practical remorse, and the need for specific and general deterrence required a substantial custodial sentence, although delay, lack of prior convictions, medical and psychological background, age and low risk of reoffending justified a finding of special circumstances and concurrency for count 1.

Court Disposition

Offender sentenced to imprisonment on both counts, with count 1 to be served concurrently with count 2 and special circumstances found.

Orders

  • ['Count 1: fixed term of twelve months imprisonment commencing on 13 April 2009 and expiring on 12 April 2010.' 'Count 2: non-parole period of imprisonment of nine years commencing on 13 April 2009 and expiring on 12 April 2018 with an additional four years and six months to be served on parole.' 'The total head...