Regina v Hawkins [2001] NSWSC 420

Regina v Hawkins [2001] NSWSC 420

Although the prisoner unlawfully strangled his wife and diminished responsibility did not eliminate his responsibility, the killing was wholly out of character and was precipitated by the ingestion of Zoloft, without which the offence would not have occurred. His culpability was therefore near the bottom of the scale for manslaughter, and his immediate confession, earliest possible plea of guilty, full assistance to police, genuine remorse, advanced age, unblemished record and negligible risk of reoffending justified a sentence of three years imprisonment with a two-year non-parole period and release on parole at the end of that period.

Jurisdiction
Australia
Judgment Date
24 May 2001
Procedural Posture
Criminal Sentencing for Manslaughter on the Grounds of Diminished Responsibility / Sentence After the Prisoner Pleaded Not Guilty to Murder But Guilty to Manslaughter, and the Crown Accepted the Plea in Satisfaction of the Indictment
Outcome
The prisoner was sentenced to imprisonment for three years with a non-parole period of two years and ordered to be released on parole at the end of the non-parole period.
Legal Topics
['manslaughter' 'diminished Responsibility' 'plea of Guilty' 'adverse Effects of Prescribed Drug' 'remorse' 'assistance to Authorities' 'non Parole Period' 'special Circumstances']
['criminal Law' 'sentencing'] ['manslaughter' 'diminished Responsibility' 'plea of Guilty' 'adverse Effects of Prescribed Drug' 'remorse' 'assistance to Authorities' 'non Parole Period' 'special Circumstances']

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Procedural Posture

Criminal Sentencing for Manslaughter on the Grounds of Diminished Responsibility / Sentence After the Prisoner Pleaded Not Guilty to Murder But Guilty to Manslaughter, and the Crown Accepted the Plea in Satisfaction of the Indictment

Legal Issues

  1. 1 ['What sentence should be imposed for manslaughter committed in circumstances of diminished responsibility.' "What weight should be given to the prisoner's early confession, plea of guilty, evidence, age, unblemished record, remorse, psychiatric evidence and low risk of reoffending." "Whether the effects of Zoloft substantially reduced the prisoner's culpability." 'Whether special circumstances justified departure from the statutory ratio for the non-parole period.']

Ratio Decidendi

Although the prisoner unlawfully strangled his wife and diminished responsibility did not eliminate his responsibility, the killing was wholly out of character and was precipitated by the ingestion of Zoloft, without which the offence would not have occurred. His culpability was therefore near the bottom of the scale for manslaughter, and his immediate confession, earliest possible plea of guilty, full assistance to police, genuine remorse, advanced age, unblemished record and negligible risk of reoffending justified a sentence of three years imprisonment with a two-year non-parole period and release on parole at the end of that period.

Court Disposition

The prisoner was sentenced to imprisonment for three years with a non-parole period of two years and ordered to be released on parole at the end of the non-parole period.

Orders

  • ['The prisoner is sentenced to imprisonment for three years, such sentence to commence on 1 August 1999 and to conclude on 31 July 2002.' 'The non-parole period is set as two years from 1 August 1999 expiring on 31 July 2001.' 'The court departs from the statutory ratio specified in s.44(2) of the Crimes (Sentencing...