R v Russell [2006] NSWSC 722

R v Russell [2006] NSWSC 722

The offender intentionally caused grievous bodily harm by stabbing the deceased in the left side of the chest, but did so in circumstances of provocation that the Crown could not negate. Her culpability was mitigated by the violent domestic relationship, battered woman syndrome, cognitive impairment, guilty plea, remorse, lack of premeditation and need for supervised rehabilitation from alcohol misuse, but the taking of life required a custodial sentence.

Jurisdiction
Australia
Judgment Date
21 July 2006
Procedural Posture
Criminal Sentencing for Manslaughter / Sentence Following Guilty Plea to Manslaughter Accepted in Full Satisfaction of an Indictment for Murder
Outcome
The prisoner was sentenced to a non-parole period of three years and a parole period of three years.
Legal Topics
['manslaughter' 'provocation' 'domestic Violence' 'battered Woman Syndrome' 'guilty Plea' 'intention to Cause Grievous Bodily Harm' 'victim Impact Statements' 'parole']
['criminal Law' 'sentencing'] ['manslaughter' 'provocation' 'domestic Violence' 'battered Woman Syndrome' 'guilty Plea' 'intention to Cause Grievous Bodily Harm' 'victim Impact Statements' 'parole']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the offender's act causing death was manslaughter by provocation involving an intention to cause grievous bodily harm or manslaughter by an unlawful and dangerous act" "Whether the offender's history of domestic violence and battered woman syndrome mitigated sentence" 'Whether victim impact statements could be taken into account in passing sentence' 'Whether special circumstances justified a longer parole period']

Ratio Decidendi

The offender intentionally caused grievous bodily harm by stabbing the deceased in the left side of the chest, but did so in circumstances of provocation that the Crown could not negate. Her culpability was mitigated by the violent domestic relationship, battered woman syndrome, cognitive impairment, guilty plea, remorse, lack of premeditation and need for supervised rehabilitation from alcohol misuse, but the taking of life required a custodial sentence.

Court Disposition

The prisoner was sentenced to a non-parole period of three years and a parole period of three years.

Orders

  • ['The prisoner is sentenced to a non-parole period of three years commencing on 18 March 2005 and expiring on 17 March 2008 when the prisoner may be released on parole.' 'A parole period of three years is fixed commencing on 18 March 2008 and expiring on 17 March 2011.']