R v SCOTT [2012] NSWSC 70

R v SCOTT [2012] NSWSC 70

The offender was to be sentenced for manslaughter on the basis that his unlawful and dangerous act or acts caused Melloney Menhennitt's death. Although the precise cause, time and place of death could not be determined, the jury's verdict established causation beyond reasonable doubt and excluded murder. The offence would otherwise fall towards the lower end of manslaughter offences, but the offender's involvement in concealing the body increased the objective gravity. Taking into account the purposes of sentencing, the absence of relevant violent prior offending, delay, prospects of rehabilitation, lack of remorse, and special circumstances, the appropriate sentence was a non-parole...

Jurisdiction
Australia
Judgment Date
17 February 2012
Procedural Posture
Criminal Sentencing for Manslaughter / Sentence After Jury Acquittal of Murder and Conviction of Alternative Charge of Manslaughter
Outcome
The offender was sentenced for manslaughter to a non-parole period of 4 years and 6 months and a total sentence of 7 years and 6 months imprisonment.
Legal Topics
['manslaughter' 'unlawful and Dangerous Act' 'non Parole Period' 'objective Gravity' 'delay' 'victim Impact Statements' 'special Circumstances']
['criminal Law' 'sentencing'] ['manslaughter' 'unlawful and Dangerous Act' 'non Parole Period' 'objective Gravity' 'delay' 'victim Impact Statements' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Sentencing for Manslaughter / Sentence After Jury Acquittal of Murder and Conviction of Alternative Charge of Manslaughter

Legal Issues

  1. 1 ['What sentence should be imposed for manslaughter where the deceased died as a result of an unlawful and dangerous act by the offender.' 'How to assess objective gravity where the actual cause, time and place of death remained unknown but the offender was found to have caused the death.' "Whether the offender's involvement in concealing the deceased's body should affect the assessment of objective gravity." 'Whether delay and special circumstances should affect the sentence and parole period.']

Ratio Decidendi

The offender was to be sentenced for manslaughter on the basis that his unlawful and dangerous act or acts caused Melloney Menhennitt's death. Although the precise cause, time and place of death could not be determined, the jury's verdict established causation beyond reasonable doubt and excluded murder. The offence would otherwise fall towards the lower end of manslaughter offences, but the offender's involvement in concealing the body increased the objective gravity. Taking into account the purposes of sentencing, the absence of relevant violent prior offending, delay, prospects of rehabilitation, lack of remorse, and special circumstances, the appropriate sentence was a non-parole...

Court Disposition

The offender was sentenced for manslaughter to a non-parole period of 4 years and 6 months and a total sentence of 7 years and 6 months imprisonment.

Orders

  • ['For the manslaughter of Melloney Menhennitt, the offender is sentenced to a non-parole period of 4 years and 6 months to commence on 20 January 2010 and to expire on 19 July 2014.' 'The offender is sentenced to a total sentence of 7 years and 6 months imprisonment to expire on 19 July 2017.' 'The offender is...