R v Butler [2012] NSWSC 1227

R v Butler [2012] NSWSC 1227

Although the provocation was powerful in its effect on the offender because of her special sensitivity arising from childhood sexual assault and she had strong mitigating factors including an early guilty plea, deep remorse, a limited criminal record and promising rehabilitation, the killing involved an intention to kill, two weapons, extreme violence and callous treatment of the deceased's body, making the manslaughter of considerable objective seriousness and requiring a substantial custodial sentence with a modest adjustment for special circumstances.

Jurisdiction
Australia
Judgment Date
11 October 2012
Procedural Posture
Criminal Sentence for Manslaughter / Sentencing After Guilty Plea to Manslaughter Accepted in Full Discharge of Indictment Alleging Murder With Alternative Manslaughter
Outcome
The offender was convicted of manslaughter and sentenced to imprisonment for 7 years, with a non-parole period of 4 years 6 months and a parole period of 2 years 6 months.
Legal Topics
['manslaughter' 'provocation' 'guilty Plea' 'remorse' 'special Circumstances' 'victim Impact Statement']
['criminal Law' 'sentencing'] ['manslaughter' 'provocation' 'guilty Plea' 'remorse' 'special Circumstances' 'victim Impact Statement']

Case Brief

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Procedural Posture

Criminal Sentence for Manslaughter / Sentencing After Guilty Plea to Manslaughter Accepted in Full Discharge of Indictment Alleging Murder With Alternative Manslaughter

Legal Issues

  1. 1 ['What sentence should be imposed for manslaughter committed after provocation where the offender had a history of child sexual assault and entered a dissociative state.' 'How objective seriousness, the early guilty plea, remorse, psychological condition, lack of violent criminal history, prospects of rehabilitation and special circumstances should affect sentence.']

Ratio Decidendi

Although the provocation was powerful in its effect on the offender because of her special sensitivity arising from childhood sexual assault and she had strong mitigating factors including an early guilty plea, deep remorse, a limited criminal record and promising rehabilitation, the killing involved an intention to kill, two weapons, extreme violence and callous treatment of the deceased's body, making the manslaughter of considerable objective seriousness and requiring a substantial custodial sentence with a modest adjustment for special circumstances.

Court Disposition

The offender was convicted of manslaughter and sentenced to imprisonment for 7 years, with a non-parole period of 4 years 6 months and a parole period of 2 years 6 months.

Orders

  • ['Patricia Mary Butler is convicted of the offence of manslaughter.' 'The offender is sentenced to a non-parole period of 4 years 6 months to date from 31 July 2010 and expire on 30 January 2015.' 'A parole period of 2 years 6 months is imposed, to date from 31 January 2015 and expire on 30 July 2017.' 'The head...