R v Rita Rose Kirkwood [2000] NSWSC 184

R v Rita Rose Kirkwood [2000] NSWSC 184

Although the deceased initiated the incident and the prisoner's intellectual impairment, age, health problems, plea and generally creditable life warranted significant leniency, manslaughter remained a most serious offence and the case was not within the exceptional class where a non-custodial sentence was appropriate. The prisoner's intellectual and health difficulties, together with the fact that at sixty-three she would first serve imprisonment, constituted special circumstances under s 5(2), justifying a minimum term of 12 months and an additional term of 18 months.

Jurisdiction
Australia
Judgment Date
03 March 2000
Procedural Posture
Criminal Sentencing for Manslaughter / Sentence Following Plea of Guilty to Manslaughter Accepted in Full Discharge of an Indictment Charging Murder
Outcome
The prisoner was sentenced to imprisonment for manslaughter.
Legal Topics
['manslaughter' 'unlawful and Dangerous Act' 'impulsive Offending' 'intellectual Impairment' 'health and Imprisonment Hardship' 'special Circumstances' 'non Custodial Sentence' 'aboriginality']
['criminal Law' 'sentencing'] ['manslaughter' 'unlawful and Dangerous Act' 'impulsive Offending' 'intellectual Impairment' 'health and Imprisonment Hardship' 'special Circumstances' 'non Custodial Sentence' 'aboriginality']

Case Brief

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Procedural Posture

Criminal Sentencing for Manslaughter / Sentence Following Plea of Guilty to Manslaughter Accepted in Full Discharge of an Indictment Charging Murder

Legal Issues

  1. 1 ['Whether a non-custodial sentence was appropriate for manslaughter in circumstances involving an impulsive stabbing after abusive conduct by the deceased.' "What weight should be given to the prisoner's intellectual impairment, health problems, caring responsibilities, age, prior good character, guilty plea and Aboriginality." 'Whether special circumstances existed under s 5(2) of the Sentencing Act 1989.']

Ratio Decidendi

Although the deceased initiated the incident and the prisoner's intellectual impairment, age, health problems, plea and generally creditable life warranted significant leniency, manslaughter remained a most serious offence and the case was not within the exceptional class where a non-custodial sentence was appropriate. The prisoner's intellectual and health difficulties, together with the fact that at sixty-three she would first serve imprisonment, constituted special circumstances under s 5(2), justifying a minimum term of 12 months and an additional term of 18 months.

Court Disposition

The prisoner was sentenced to imprisonment for manslaughter.

Orders

  • ['Minimum term of 12 months imprisonment dating from 3 March 2000 and expiring on 2 March 2001.' 'Additional term of 18 months commencing on 3 March 2001 and expiring on 2 September 2002.']