R v Ridgeway [2022] NSWSC 684

R v Ridgeway [2022] NSWSC 684

The Court found that Ms Ridgeway deliberately stabbed Mr Adams with a knife in a short forward and upward thrust, causing his death, after leaving the safety of the house armed and intending to confront him. Although the act was serious because it involved a lethal weapon against an unarmed man who posed little or no real threat, the offender's traumatised and disadvantaged background, acute stress disorder, emotional dysregulation, drug use and lack of sleep caused her to perceive a threat that was not objectively present and considerably reduced her moral culpability and the weight of general deterrence. Taking account of objective seriousness, aggravation from breach of conditional...

Jurisdiction
Australia
Judgment Date
27 May 2022
Procedural Posture
Criminal Sentencing for Manslaughter Contrary to S 18(1)(b) of the Crimes Act 1900 (nsw) / Sentence Following Trial and Jury Verdict of Guilty
Outcome
Lily Ridgeway was sentenced for manslaughter to imprisonment for 7 years and 7 months with a non-parole period of 5 years.
Legal Topics
['manslaughter' 'self Defence Rejected by Jury' 'fact Finding on Sentence' 'disadvantaged Background' 'moral Culpability' 'general Deterrence' 'intoxication and Drug Use' 'remorse' 'assistance to Authorities' 'special Circumstances' 'parole Revocation and Backdating of Sentence']
['criminal Law' 'sentencing'] ['manslaughter' 'self Defence Rejected by Jury' 'fact Finding on Sentence' 'disadvantaged Background' 'moral Culpability' 'general Deterrence' 'intoxication and Drug Use' 'remorse' 'assistance to Authorities' 'special Circumstances' 'parole Revocation and Backdating of Sentence']

Case Brief

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Procedural Posture

Criminal Sentencing for Manslaughter Contrary to S 18(1)(b) of the Crimes Act 1900 (nsw) / Sentence Following Trial and Jury Verdict of Guilty

Legal Issues

  1. 1 ["What facts should be found for sentence concerning the confrontation, the offender's motivation, and whether she perceived a threat from Jason Adams." 'The objective seriousness of the manslaughter involving a deliberate stabbing with a knife of an unarmed man.' "Whether the offender's childhood disadvantage, Aboriginal background, history of trauma, acute stress disorder, drug use and lack of sleep reduced her moral culpability and the weight to be given to general deterrence." 'Whether remorse, rehabilitation prospects and the need for supervision justified findings favourable to the offender, including special circumstances.' "Whether the offender's assistance to authorities in another prosecution warranted a discount under s 23A of the Crimes (Sentencing Procedure) Act." 'How to account for time in custody given the revocation of parole for an unrelated offence and remand for this matter.']

Ratio Decidendi

The Court found that Ms Ridgeway deliberately stabbed Mr Adams with a knife in a short forward and upward thrust, causing his death, after leaving the safety of the house armed and intending to confront him. Although the act was serious because it involved a lethal weapon against an unarmed man who posed little or no real threat, the offender's traumatised and disadvantaged background, acute stress disorder, emotional dysregulation, drug use and lack of sleep caused her to perceive a threat that was not objectively present and considerably reduced her moral culpability and the weight of general deterrence. Taking account of objective seriousness, aggravation from breach of conditional...

Court Disposition

Lily Ridgeway was sentenced for manslaughter to imprisonment for 7 years and 7 months with a non-parole period of 5 years.

Orders

  • ['Lily Ridgeway, having been convicted on 8 February 2022 of the manslaughter of Jason Adams, on 29 February 2020 in this State, is sentenced to imprisonment for 7 years and 7 months to date from 29 November 2020 and expiring on 28 June 2028.' 'There will be a non-parole period of 5 years, expiring on 28 November...