R v Srsa [2021] NSWSC 924

R v Srsa [2021] NSWSC 924

The offender's capacity for self-control was substantially impaired by complex PTSD and related conditions, constituting an 'underlying condition' under s 23A of the Crimes Act 1900 (NSW), which reduced her criminal responsibility from murder to manslaughter; the degree of impairment exceeded the minimum required for the partial defence. The objective seriousness of the offence was just below mid-range, having regard to the provocation, nature of the mental disorder, minimal planning, remorse, plea, and absence of significant prior offending. Special circumstances justified a longer parole supervision period. A sentence of 7 years and 10 months imprisonment with a non-parole period of 5...

Jurisdiction
Australia
Judgment Date
30 July 2021
Procedural Posture
Criminal / Sentence
Outcome
The offender is sentenced to a term of imprisonment for 7 years and 10 months, commencing 10 October 2018 and expiring 9 August 2026, with a non-parole period of 5 years. Offender becomes eligible for parole on 9 October 2023.
Legal Topics
['manslaughter' 'substantial Impairment' 'domestic Violence' 'sentencing' 'alcohol Use Disorder' 'complex Ptsd']
['criminal Law'] ['manslaughter' 'substantial Impairment' 'domestic Violence' 'sentencing' 'alcohol Use Disorder' 'complex Ptsd']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ["Whether the offender's capacity for self-control was substantially impaired by an abnormality of mind arising from an underlying condition within the meaning of s 23A of the Crimes Act 1900 (NSW)" 'Whether the degree of impairment exceeded that necessary to activate the partial defence of substantial impairment' 'Degree to which provocation by the deceased affected the objective seriousness of the offence' "Appropriate weight to be given to aggravating and mitigating factors, including offender's mental health, provocation, remorse, plea, and history" 'Whether special circumstances exist justifying a variation in the statutory ratio of non-parole period']

Ratio Decidendi

The offender's capacity for self-control was substantially impaired by complex PTSD and related conditions, constituting an 'underlying condition' under s 23A of the Crimes Act 1900 (NSW), which reduced her criminal responsibility from murder to manslaughter; the degree of impairment exceeded the minimum required for the partial defence. The objective seriousness of the offence was just below mid-range, having regard to the provocation, nature of the mental disorder, minimal planning, remorse, plea, and absence of significant prior offending. Special circumstances justified a longer parole supervision period. A sentence of 7 years and 10 months imprisonment with a non-parole period of 5...

Court Disposition

The offender is sentenced to a term of imprisonment for 7 years and 10 months, commencing 10 October 2018 and expiring 9 August 2026, with a non-parole period of 5 years. Offender becomes eligible for parole on 9 October 2023.

Orders

  • ['Offender sentenced to 7 years and 10 months imprisonment, commencing 10 October 2018 and expiring 9 August 2026.' 'Non-parole period fixed at 5 years.' 'Offender eligible for parole on 9 October 2023.']