R v Seymour [2012] NSWSC 1010

R v Seymour [2012] NSWSC 1010

The offender was sentenced on the basis that she deliberately stabbed the deceased once with intent to inflict grievous bodily harm while genuinely believing that force was necessary to protect herself, but the use of a knife was excessive and unreasonable in the circumstances as she perceived them. The offence warranted full-time imprisonment, with objective seriousness increased by use of the knife without fear for life and failure to render assistance, but reduced by spontaneity, provocation by the deceased, the absence of planning, the offender's deprived background, depression contributing to the offence, limited remorse, low risk of reoffending and good prospects of rehabilitation.

Jurisdiction
Australia
Judgment Date
30 August 2012
Procedural Posture
Criminal Sentencing for Manslaughter / Remarks on Sentence After Jury Verdict of Guilty of Manslaughter and Acquittal of Murder
Outcome
The offender was sentenced to full-time imprisonment for manslaughter.
Legal Topics
['manslaughter' 'excessive Self Defence' 'objective Seriousness' 'aggravating and Mitigating Factors' 'remorse' 'mental Illness' 'rehabilitation' 'non Parole Period']
['criminal Law' 'sentencing'] ['manslaughter' 'excessive Self Defence' 'objective Seriousness' 'aggravating and Mitigating Factors' 'remorse' 'mental Illness' 'rehabilitation' 'non Parole Period']

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Procedural Posture

Criminal Sentencing for Manslaughter / Remarks on Sentence After Jury Verdict of Guilty of Manslaughter and Acquittal of Murder

Legal Issues

  1. 1 ['Whether the offender should be sentenced on the basis of excessive self-defence manslaughter.' "What facts relevant to sentence were established, including the offender's intention and the deceased's conduct immediately before the stabbing." "Whether the offence was aggravated by being committed in the presence of the offender's child." "What mitigating factors applied, including spontaneity, provocation, the offender's depression, remorse, prospects of rehabilitation and risk of reoffending." 'What sentence and non-parole period were appropriate.']

Ratio Decidendi

The offender was sentenced on the basis that she deliberately stabbed the deceased once with intent to inflict grievous bodily harm while genuinely believing that force was necessary to protect herself, but the use of a knife was excessive and unreasonable in the circumstances as she perceived them. The offence warranted full-time imprisonment, with objective seriousness increased by use of the knife without fear for life and failure to render assistance, but reduced by spontaneity, provocation by the deceased, the absence of planning, the offender's deprived background, depression contributing to the offence, limited remorse, low risk of reoffending and good prospects of rehabilitation.

Court Disposition

The offender was sentenced to full-time imprisonment for manslaughter.

Orders

  • ['Krystal Jade Seymour was sentenced to imprisonment for 6 years 6 months for manslaughter.' 'The non-parole period was fixed at 3 years 6 months, commencing on 24 November 2010 and expiring on 23 May 2014.' 'A balance of term of 3 years was set, commencing on 24 May 2014 and expiring on 23 May 2017.' 'The earliest...