R v MATHERS [2011] NSWSC 339

R v MATHERS [2011] NSWSC 339

Mr Mathers' culpability for manslaughter was at the lower end of the possible range because the deceased was cognitively sound, wished to end her life because of severe pain and fear of a nursing home, and his acts were motivated only by love and compassion, involved no long-term planning, and occurred while his depressive illness or adjustment disorder substantially impaired his perception, judgment and decision-making. His prior good character, absence of convictions, remorse, guilty plea and voluntary admissions, without which his participation was unlikely to have been discovered, warranted substantial leniency. Although manslaughter required a term of imprisonment for general...

Jurisdiction
Australia
Judgment Date
28 April 2011
Procedural Posture
Criminal Sentencing for Manslaughter on the Basis of Substantial Impairment / Sentence After Plea of Guilty Accepted in Full Satisfaction of a Murder Charge
Outcome
Imprisonment for a term of 2 years, backdated to commence on 8 April 2011 and expire on 7 April 2013, with execution suspended from the date of sentence and release on condition of entry into a bond for the operative remaining period.
Legal Topics
['manslaughter' 'substantial Impairment' 'assisted Suicide' 'suspended Sentence' 'mitigating Factors' 'general Deterrence' 'self Disclosure and Confession']
['criminal Law' 'sentencing'] ['manslaughter' 'substantial Impairment' 'assisted Suicide' 'suspended Sentence' 'mitigating Factors' 'general Deterrence' 'self Disclosure and Confession']

Case Brief

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Procedural Posture

Criminal Sentencing for Manslaughter on the Basis of Substantial Impairment / Sentence After Plea of Guilty Accepted in Full Satisfaction of a Murder Charge

Legal Issues

  1. 1 ['What sentence should be imposed for manslaughter where the offender assisted his long-term partner to commit suicide and then suffocated her.' "How the offender's substantial impairment, depressive illness or adjustment disorder, motives, guilty plea, remorse, prior good character and voluntary admissions affected culpability and sentence." 'Whether imprisonment should be imposed and whether execution of that sentence should be suspended.']

Ratio Decidendi

Mr Mathers' culpability for manslaughter was at the lower end of the possible range because the deceased was cognitively sound, wished to end her life because of severe pain and fear of a nursing home, and his acts were motivated only by love and compassion, involved no long-term planning, and occurred while his depressive illness or adjustment disorder substantially impaired his perception, judgment and decision-making. His prior good character, absence of convictions, remorse, guilty plea and voluntary admissions, without which his participation was unlikely to have been discovered, warranted substantial leniency. Although manslaughter required a term of imprisonment for general...

Court Disposition

Imprisonment for a term of 2 years, backdated to commence on 8 April 2011 and expire on 7 April 2013, with execution suspended from the date of sentence and release on condition of entry into a bond for the operative remaining period.

Orders

  • ['David Scott Mathers is sentenced to imprisonment for a term of 2 years.' 'The sentence is taken to have commenced on 8 April 2011 and to expire on 7 April 2013 to allow for 20 days already served in custody.' 'Execution of the sentence is suspended from 28 April 2011.' 'David Scott Mathers is to be released from...