R v NICOL [2005] NSWSC 547

R v NICOL [2005] NSWSC 547

A suspended sentence of two years' imprisonment, with a non-parole period of 1 year and a bond to be entered into, is appropriate given the offender's age, health, absence of criminal history, circumstances of the offence involving substantial impairment, and in light of principles concerning general deterrence, retribution, and the practical effects of imprisonment on an elderly, infirm offender.

Parties
Crown: Regina; Prisoner: Ronald Nicol
Jurisdiction
Australia
Judgment Date
27 May 2005
Procedural Posture
Criminal / Sentencing
Outcome
Imprisonment for a non-parole period of 1 year and a balance of term of 1 year, suspended for 2 years; release on condition of entering a good behaviour bond for 2 years.
Legal Topics
Manslaughter, Sentencing, Abnormality of Mind, General Deterrence, Retribution
Criminal Law Manslaughter Sentencing Abnormality of Mind General Deterrence Retribution

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Parties

Regina

Crown

Ronald Nicol

Prisoner

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for manslaughter committed under substantial impairment by abnormality of mind

Ratio Decidendi

A suspended sentence of two years' imprisonment, with a non-parole period of 1 year and a bond to be entered into, is appropriate given the offender's age, health, absence of criminal history, circumstances of the offence involving substantial impairment, and in light of principles concerning general deterrence, retribution, and the practical effects of imprisonment on an elderly, infirm offender.

Court Disposition

Imprisonment for a non-parole period of 1 year and a balance of term of 1 year, suspended for 2 years; release on condition of entering a good behaviour bond for 2 years.

Orders

  • The sentence of imprisonment is suspended for 2 years.
  • The prisoner is to be released on condition of entering a good behaviour bond for a period of 2 years.