R v Stewart [2008] NSWSC 1359

R v Stewart [2008] NSWSC 1359

The offender was to be sentenced for manslaughter by unlawful and dangerous act because the jury's verdict reflected that, due to intoxication and her general mental state, she lacked the requisite intention for murder. Her borderline personality disorder, combined with a very high level of alcohol intoxication, contributed to the stabbing and modestly reduced moral culpability and the weight given to general deterrence, while intoxication itself was treated as neutral. Aggravating factors included use of a weapon and commission of the offence in the presence of a child under 18. Mitigating factors included lack of planning, no prior convictions, limited weight for good character,...

Jurisdiction
Australia
Judgment Date
16 December 2008
Procedural Posture
Criminal Sentence for Manslaughter / Sentence After Jury Verdict of Not Guilty of Murder But Guilty of Manslaughter
Outcome
Danielle Stewart was sentenced for manslaughter to a non-parole period of four years, with a balance of term of two years and four months.
Legal Topics
['manslaughter' 'borderline Personality Disorder' 'intoxication' 'mental Disorder on Sentence' 'utilitarian Value of Offered Guilty Plea' 'aggravating and Mitigating Factors']
['criminal Law' 'sentencing'] ['manslaughter' 'borderline Personality Disorder' 'intoxication' 'mental Disorder on Sentence' 'utilitarian Value of Offered Guilty Plea' 'aggravating and Mitigating Factors']

Case Brief

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Procedural Posture

Criminal Sentence for Manslaughter / Sentence After Jury Verdict of Not Guilty of Murder But Guilty of Manslaughter

Legal Issues

  1. 1 ['What sentence should be imposed for manslaughter committed during a physical altercation after the offender was tried for murder and convicted of manslaughter.' "Whether the offender's borderline personality disorder reduced moral culpability and the weight to be given to general deterrence." "Whether the offender's intoxication should be treated as an aggravating, mitigating or neutral factor." 'Whether an unaccepted pre-trial offer to plead guilty to manslaughter entitled the offender to a sentencing discount.' 'Whether special circumstances justified departure from the statutory relationship between the total sentence and non-parole period.']

Ratio Decidendi

The offender was to be sentenced for manslaughter by unlawful and dangerous act because the jury's verdict reflected that, due to intoxication and her general mental state, she lacked the requisite intention for murder. Her borderline personality disorder, combined with a very high level of alcohol intoxication, contributed to the stabbing and modestly reduced moral culpability and the weight given to general deterrence, while intoxication itself was treated as neutral. Aggravating factors included use of a weapon and commission of the offence in the presence of a child under 18. Mitigating factors included lack of planning, no prior convictions, limited weight for good character,...

Court Disposition

Danielle Stewart was sentenced for manslaughter to a non-parole period of four years, with a balance of term of two years and four months.

Orders

  • ['Non-parole period of four years to date from 25 June 2007.' 'First date eligible for release on parole is 24 June 2011.' 'Balance of term of two years and four months commencing on 25 June 2011 and expiring on 24 October 2013.']