R v R F Richards [2002] NSWSC 415

R v R F Richards [2002] NSWSC 415

Because the accused's delusional disorder so grossly impaired her responsibility as almost to amount to insanity, because personal and general deterrence had little role, because she had no prior convictions, was remorseful, pleaded guilty at the first available opportunity, had excellent rehabilitation prospects and a low risk of reoffending with treatment and supervision, and because she had already served more than 15 months in custody, no further full-time custody was required; fixed concurrent time-served sentences were imposed for attempted murder and a five-year s9 good behaviour bond with supervision and psychiatric care was imposed for manslaughter.

Jurisdiction
Australia
Judgment Date
17 May 2002
Procedural Posture
Criminal Sentencing / Judgment on Sentence After Guilty Pleas to Two Counts of Attempted Murder and a Plea of Guilty to Manslaughter Accepted in Satisfaction of a Murder Count
Outcome
The accused received concurrent fixed terms of imprisonment for the two attempted murder counts expiring on the sentence date, and a five-year good behaviour bond for manslaughter with supervision and psychiatric care conditions.
Legal Topics
['manslaughter' 'substantial Impairment by Abnormality of Mind' 'attempted Murder' 'delusional Disorder' 'reduced Culpability' 'good Behaviour Bond' 'general Deterrence' 'totality']
['criminal Law' 'sentencing' 'mental Health and Criminal Responsibility'] ['manslaughter' 'substantial Impairment by Abnormality of Mind' 'attempted Murder' 'delusional Disorder' 'reduced Culpability' 'good Behaviour Bond' 'general Deterrence' 'totality']

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Procedural Posture

Criminal Sentencing / Judgment on Sentence After Guilty Pleas to Two Counts of Attempted Murder and a Plea of Guilty to Manslaughter Accepted in Satisfaction of a Murder Count

Legal Issues

  1. 1 ['What facts relevant to sentence were established and to what standard of proof.' "The objective seriousness and moral culpability of the manslaughter and attempted murder offences in light of the accused's delusional disorder and substantial impairment." 'Whether personal or general deterrence required further full-time custody.' "The accused's prospects of rehabilitation and risk of reoffending." 'Whether separate sentences should be concurrent or cumulative having regard to totality.']

Ratio Decidendi

Because the accused's delusional disorder so grossly impaired her responsibility as almost to amount to insanity, because personal and general deterrence had little role, because she had no prior convictions, was remorseful, pleaded guilty at the first available opportunity, had excellent rehabilitation prospects and a low risk of reoffending with treatment and supervision, and because she had already served more than 15 months in custody, no further full-time custody was required; fixed concurrent time-served sentences were imposed for attempted murder and a five-year s9 good behaviour bond with supervision and psychiatric care was imposed for manslaughter.

Court Disposition

The accused received concurrent fixed terms of imprisonment for the two attempted murder counts expiring on the sentence date, and a five-year good behaviour bond for manslaughter with supervision and psychiatric care conditions.

Orders

  • ['In respect of the second count, the attempted murder of Mahon Richards, Raigan Frances Richards was sentenced to a fixed term of imprisonment commencing on 7 February 2001 and expiring on 17 May 2002.' 'In respect of the third count, the attempted murder of Braedy Richards, Raigan Frances Richards was sentenced to...