REGINA v WANG [2000] NSWSC 447

REGINA v WANG [2000] NSWSC 447

The offender's major depression substantially impaired her capacity to judge right and wrong and to control herself. The child's intentional killing was murder reduced to manslaughter under s 23A. The husband's death was not proved to involve intent to kill or cause grievous bodily harm or advertence to the likelihood of death, and was sentenced as unlawful and dangerous act manslaughter, with the same impaired mental state significantly mitigating culpability. Despite the mitigating effect of depression, guilty pleas and the suicide context, two lives were lost and denunciation required custodial sentences served concurrently.

Jurisdiction
Australia
Judgment Date
23 May 2000
Procedural Posture
Criminal Sentencing for Manslaughter / Judgment on Sentence After Pleas of Guilty to Manslaughter Were Accepted in Full Discharge of an Indictment Charging Two Counts of Murder
Outcome
The offender was sentenced on two counts of manslaughter, with the sentences directed to be served concurrently.
Legal Topics
['manslaughter' 'substantial Impairment of Mental Capacity' 'depression' 'attempted Suicide' 'general Deterrence' 'personal Deterrence' 'denunciation' 'non Parole Period']
['criminal Law' 'sentencing'] ['manslaughter' 'substantial Impairment of Mental Capacity' 'depression' 'attempted Suicide' 'general Deterrence' 'personal Deterrence' 'denunciation' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentencing for Manslaughter / Judgment on Sentence After Pleas of Guilty to Manslaughter Were Accepted in Full Discharge of an Indictment Charging Two Counts of Murder

Legal Issues

  1. 1 ['Whether the manslaughter of Shi Rui Wang was properly treated as murder reduced to manslaughter by substantial impairment under s 23A of the Crimes Act 1900.' 'Whether the manslaughter of Yujian Alan Wang should be sentenced on the basis of substantial impairment reducing murder to manslaughter or on the basis of unlawful and dangerous act manslaughter.' "How the offender's severe depressive illness and attempted suicide affected culpability, deterrence and sentence." 'What sentences, non-parole period and concurrency were appropriate for the two manslaughter offences.']

Ratio Decidendi

The offender's major depression substantially impaired her capacity to judge right and wrong and to control herself. The child's intentional killing was murder reduced to manslaughter under s 23A. The husband's death was not proved to involve intent to kill or cause grievous bodily harm or advertence to the likelihood of death, and was sentenced as unlawful and dangerous act manslaughter, with the same impaired mental state significantly mitigating culpability. Despite the mitigating effect of depression, guilty pleas and the suicide context, two lives were lost and denunciation required custodial sentences served concurrently.

Court Disposition

The offender was sentenced on two counts of manslaughter, with the sentences directed to be served concurrently.

Orders

  • ['For the manslaughter of Shi Rui Wang, imprisonment for a term of two years commencing 24 September 1998 and ending on 23 September 2000.' 'For the manslaughter of Yujian Alan Wang, imprisonment for six years with a non-parole period of four years, commencing on 24 September 1998 and ending on 23 September 2004,...