R v Michael GLOGINYA [2009] NSWSC 1435

R v Michael GLOGINYA [2009] NSWSC 1435

A sentence of imprisonment was required because the offender committed serious manslaughter by manually strangling a vulnerable deceased person. The Court did not treat the offender's criminal history or asserted position of trust as aggravating, but did treat the deceased's vulnerability as significant. The offence was found to be unplanned, the offender's brain injury moderated the significance of general deterrence, the guilty plea warranted a 10% discount, and special circumstances justified an extended period of supervision. The offender was convicted and sentenced to a non-parole period of 4 years and 9 months with a balance of term of 2 years and 11 months.

Jurisdiction
Australia
Judgment Date
16 December 2009
Procedural Posture
Sentencing for Manslaughter by Unlawful and Dangerous Act / Remarks on Sentence After Plea of Not Guilty to Murder But Guilty to Manslaughter Accepted in Full Satisfaction of the Indictment
Outcome
Michael Gloginya was convicted of the manslaughter of William Bryant and sentenced to imprisonment with a non-parole period of 4 years and 9 months and a balance of term of 2 years and 11 months.
Legal Topics
['manslaughter' 'unlawful and Dangerous Act' 'guilty Plea Discount' 'aggravating and Mitigating Factors' 'brain Injury and Sentencing' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing'] ['manslaughter' 'unlawful and Dangerous Act' 'guilty Plea Discount' 'aggravating and Mitigating Factors' 'brain Injury and Sentencing' 'special Circumstances' 'non Parole Period']

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Procedural Posture

Sentencing for Manslaughter by Unlawful and Dangerous Act / Remarks on Sentence After Plea of Not Guilty to Murder But Guilty to Manslaughter Accepted in Full Satisfaction of the Indictment

Legal Issues

  1. 1 ['What sentence should be imposed for manslaughter by an unlawful and dangerous act involving manual strangulation of the deceased.' "Whether the offender's criminal history warranted a more severe sentence." "Whether the offender's role as carer was an aggravating factor involving abuse of a position of trust or responsibility." "Whether the deceased's vulnerability aggravated the offence." "What effect the offender's brain injury and alcoholism should have on sentence." 'Whether the guilty plea warranted a sentencing discount.' 'Whether special circumstances justified a departure from the statutory ratio between the balance of term and the non-parole period.']

Ratio Decidendi

A sentence of imprisonment was required because the offender committed serious manslaughter by manually strangling a vulnerable deceased person. The Court did not treat the offender's criminal history or asserted position of trust as aggravating, but did treat the deceased's vulnerability as significant. The offence was found to be unplanned, the offender's brain injury moderated the significance of general deterrence, the guilty plea warranted a 10% discount, and special circumstances justified an extended period of supervision. The offender was convicted and sentenced to a non-parole period of 4 years and 9 months with a balance of term of 2 years and 11 months.

Court Disposition

Michael Gloginya was convicted of the manslaughter of William Bryant and sentenced to imprisonment with a non-parole period of 4 years and 9 months and a balance of term of 2 years and 11 months.

Orders

  • ['The offender is convicted of the manslaughter of William Bryant.' 'The offender is sentenced to a non-parole period of 4 years and 9 months to date from 2 April 2008.' 'The first date on which the offender will be eligible for release on parole is 1 January 2013.' 'A balance of term of 2 years and 11 months is...