REGINA v MARRAH [2002] NSWSC 862
The offender committed a violent, premeditated assault constituting an unlawful and dangerous act, causing death and satisfying the elements of manslaughter. The offender is sentenced with a 20 percent discount for utilitarian value of the plea, but without acknowledgment of remorse or special circumstances.
- Jurisdiction
- Australia
- Judgment Date
- 17 September 2002
- Procedural Posture
- Criminal / Sentencing
- Outcome
- Convicted of manslaughter and sentenced to imprisonment.
- Legal Topics
- ['manslaughter' 'unlawful and Dangerous Act' 'assault' 'sentencing' 'premeditation' 'remorse']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal / Sentencing
Legal Issues
- 1 ['Whether the offender is guilty of manslaughter by unlawful and dangerous act' 'Whether the assault was premeditated' 'What is the appropriate sentence given the circumstances, including lack of remorse and prior record' 'Whether special circumstances exist justifying an altered non-parole period']
Ratio Decidendi
The offender committed a violent, premeditated assault constituting an unlawful and dangerous act, causing death and satisfying the elements of manslaughter. The offender is sentenced with a 20 percent discount for utilitarian value of the plea, but without acknowledgment of remorse or special circumstances.
Court Disposition
Convicted of manslaughter and sentenced to imprisonment.
Orders
- ['Convicted of manslaughter' 'Sentenced to imprisonment for 6 years and 5 months commencing 10 February 2001 and expiring 9 July 2007' 'Non-parole period of 4 years and 9 months commencing 10 February 2001 and expiring 9 November 2005']
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