R v Katherine Abdallah (No 6) [2018] NSWSC 729

R v Katherine Abdallah (No 6) [2018] NSWSC 729

The offender is sentenced to imprisonment for manslaughter on the basis of unlawful and dangerous act, use of a weapon, and substantial harm to the victim's family, with mitigating factors including lack of planning and some remorse, but with limited acceptance of responsibility. Sentencing takes into account the offender's time in custody and is calculated from an adjusted start date due to periods at liberty.

Jurisdiction
Australia
Judgment Date
22 May 2018
Procedural Posture
Criminal / Sentencing After Guilty Verdict by Jury
Outcome
Convicted and sentenced to imprisonment for 9 years, with a non-parole period of 6 years and 9 months.
Legal Topics
['manslaughter' 'sentencing' 'unlawful and Dangerous Act' 'self Defence' 'aggravating and Mitigating Factors']
['criminal Law'] ['manslaughter' 'sentencing' 'unlawful and Dangerous Act' 'self Defence' 'aggravating and Mitigating Factors']

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Procedural Posture

Criminal / Sentencing After Guilty Verdict by Jury

Legal Issues

  1. 1 ['What is the appropriate sentence for manslaughter in the circumstances of this case?' 'Did the offending act involve aggravating or mitigating features?' 'Does the offender show remorse or accept responsibility?']

Ratio Decidendi

The offender is sentenced to imprisonment for manslaughter on the basis of unlawful and dangerous act, use of a weapon, and substantial harm to the victim's family, with mitigating factors including lack of planning and some remorse, but with limited acceptance of responsibility. Sentencing takes into account the offender's time in custody and is calculated from an adjusted start date due to periods at liberty.

Court Disposition

Convicted and sentenced to imprisonment for 9 years, with a non-parole period of 6 years and 9 months.

Orders

  • ['The offender is sentenced to imprisonment comprising a non-parole period of 6 years and 9 months and a balance of term of 2 years and 3 months, totalling 9 years.' 'Eligible for parole after 22 June 2022; sentence expires 22 September 2024.' 'Sentence deemed to have commenced on 23 September 2015 due to time...