REGINA v MARSHALL [2003] NSWSC 448

REGINA v MARSHALL [2003] NSWSC 448

The offender, having been acquitted of murder but convicted of manslaughter for causing the death of a child by a momentary act of violent shaking without intending grievous bodily harm, is to be sentenced on the basis of a serious but substantially less grave offence than murder, with allowance for youth, psychological impairment, remorse, utility of plea, harsher prison circumstances, and prospects of rehabilitation, warranting a sentence of six years' imprisonment with a non-parole period less than that specified by statute.

Parties
Prosecution: Regina; Offender: Aaron Charles Marshall
Jurisdiction
Australia
Judgment Date
23 May 2003
Procedural Posture
Criminal / Sentencing Judgment
Outcome
Sentenced to a term of six years' imprisonment commencing 4 January 2002, expiring 3 January 2008. Non-parole period of three years and six months. Eligible for parole 3 July 2005.
Legal Topics
Manslaughter, Sentencing, Violence Against Children, Plea of Guilty
Criminal Law Manslaughter Sentencing Violence Against Children Plea of Guilty

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Parties

Regina

Prosecution

Aaron Charles Marshall

Offender

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 Appropriate sentence for manslaughter of a child by shaking committed by a young offender
  2. 2 Assessment of culpability where intention to cause grievous bodily harm not proved
  3. 3 Application of sentencing principles relating to young offenders, remorse, prospects of rehabilitation, and utilitarian discount for plea of guilty

Ratio Decidendi

The offender, having been acquitted of murder but convicted of manslaughter for causing the death of a child by a momentary act of violent shaking without intending grievous bodily harm, is to be sentenced on the basis of a serious but substantially less grave offence than murder, with allowance for youth, psychological impairment, remorse, utility of plea, harsher prison circumstances, and prospects of rehabilitation, warranting a sentence of six years' imprisonment with a non-parole period less than that specified by statute.

Court Disposition

Sentenced to a term of six years' imprisonment commencing 4 January 2002, expiring 3 January 2008. Non-parole period of three years and six months. Eligible for parole 3 July 2005.

Orders

  • Offender is sentenced to six years' imprisonment commencing on 4 January 2002 and expiring on 3 January 2008.
  • Non-parole period of three years and six months.