R v Santos [2001] NSWSC 923

R v Santos [2001] NSWSC 923

The offender is to be sentenced for manslaughter because, although the objective circumstances are grave and intent to kill is established, substantial impairment by abnormality of mind (depression and brain injury) was present, thus reducing culpability according to s 23A Crimes Act. A head sentence of 7 years (reduced by 25% for plea of guilty and demonstrated contrition) and a non-parole period of 5 years and 3 months were imposed.

Parties
Prosecutor: Regina; Offender: Roberto Santos
Jurisdiction
Australia
Judgment Date
12 October 2001
Procedural Posture
Criminal / Sentence
Outcome
convicted and sentenced
Legal Topics
Manslaughter, Substantial Impairment by Abnormality of Mind, Sentencing
Criminal Law Manslaughter Substantial Impairment by Abnormality of Mind Sentencing

Case Brief

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Parties

Regina

Prosecutor

Roberto Santos

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Whether the offender’s capacity was substantially impaired by abnormality of mind under s 23A of the Crimes Act 1900
  2. 2 The appropriate sentence for manslaughter in circumstances where the objective gravity is high but there is substantial impairment

Ratio Decidendi

The offender is to be sentenced for manslaughter because, although the objective circumstances are grave and intent to kill is established, substantial impairment by abnormality of mind (depression and brain injury) was present, thus reducing culpability according to s 23A Crimes Act. A head sentence of 7 years (reduced by 25% for plea of guilty and demonstrated contrition) and a non-parole period of 5 years and 3 months were imposed.

Court Disposition

convicted and sentenced

Orders

  • Offender convicted of manslaughter.
  • Sentenced to 7 years imprisonment commencing 23 October 2000 and expiring 22 October 2007.