R v Patel (No 3) [2018] NSWSC 952

R v Patel (No 3) [2018] NSWSC 952

The offender is sentenced for manslaughter under Crimes Act 1900 (NSW) s 421, as she believed, though unreasonably, that her conduct was necessary to defend herself; her conduct was a manifestly excessive and deliberate response that resulted in death, warranting a sentence of imprisonment, taking into account aggravating factors (location, seriousness), mitigating factors (no criminal history, good character, offer to plead guilty), and a 15% sentence discount.

Parties
Crown: Regina; Offender: Manisha Patel
Jurisdiction
Australia
Judgment Date
22 June 2018
Procedural Posture
Criminal / Sentencing After Trial Verdict (manslaughter by Excessive Self Defence)
Outcome
The offender is sentenced to imprisonment comprising a non-parole period of 7 years and a balance of term of the sentence of 2 years 4 months. The total term of imprisonment is 9 years 4 months.
Legal Topics
Manslaughter, Excessive Self Defence, Sentencing, Unlawful Killing, Aggravating and Mitigating Factors
Criminal Law Manslaughter Excessive Self Defence Sentencing Unlawful Killing Aggravating and Mitigating Factors

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Parties

Regina

Crown

Manisha Patel

Offender

Procedural Posture

Criminal / Sentencing After Trial Verdict (manslaughter by Excessive Self Defence)

Legal Issues

  1. 1 What sentence is appropriate for manslaughter by excessive self-defence under Crimes Act 1900 (NSW) s 421?
  2. 2 What is the objective seriousness and subjective culpability of the offender's conduct?
  3. 3 What aggravating and mitigating factors are relevant to sentencing in this case?

Ratio Decidendi

The offender is sentenced for manslaughter under Crimes Act 1900 (NSW) s 421, as she believed, though unreasonably, that her conduct was necessary to defend herself; her conduct was a manifestly excessive and deliberate response that resulted in death, warranting a sentence of imprisonment, taking into account aggravating factors (location, seriousness), mitigating factors (no criminal history, good character, offer to plead guilty), and a 15% sentence discount.

Court Disposition

The offender is sentenced to imprisonment comprising a non-parole period of 7 years and a balance of term of the sentence of 2 years 4 months. The total term of imprisonment is 9 years 4 months.

Orders

  • The offender is sentenced to imprisonment with a non-parole period of 7 years commencing from 14 August 2013.
  • The balance of the sentence is 2 years and 4 months, for a total term of 9 years and 4 months.