R v CARDOSO [2001] NSWSC 775

R v CARDOSO [2001] NSWSC 775

The prisoner deliberately armed himself with a knife and used it with intent to inflict at least grievous bodily harm, in circumstances amounting to manslaughter by reason of provocation rather than an unlawful and dangerous act, but either basis would attract a similar sentence; general deterrence and retribution require a sentence reflecting the gravity of the offence, resulting in a full-time custodial sentence of 8 years with a non-parole period of 5 years.

Parties
Crown: Regina; Prisoner: Calisto Cardoso
Jurisdiction
Australia
Judgment Date
07 September 2001
Procedural Posture
Criminal / Sentencing Remarks After Verdict
Outcome
Convicted of manslaughter. Sentenced to 8 years imprisonment, including a non-parole period of 5 years, both to date from 16 December 1999.
Legal Topics
Manslaughter, Sentencing, Provocation, General Deterrence
Criminal Law Manslaughter Sentencing Provocation General Deterrence

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Parties

Regina

Crown

Calisto Cardoso

Prisoner

Procedural Posture

Criminal / Sentencing Remarks After Verdict

Legal Issues

  1. 1 On what basis should the prisoner be sentenced for manslaughter: provocation, substantial impairment by abnormality of mind or unlawful and dangerous act?
  2. 2 What is the appropriate sentence for the offence?

Ratio Decidendi

The prisoner deliberately armed himself with a knife and used it with intent to inflict at least grievous bodily harm, in circumstances amounting to manslaughter by reason of provocation rather than an unlawful and dangerous act, but either basis would attract a similar sentence; general deterrence and retribution require a sentence reflecting the gravity of the offence, resulting in a full-time custodial sentence of 8 years with a non-parole period of 5 years.

Court Disposition

Convicted of manslaughter. Sentenced to 8 years imprisonment, including a non-parole period of 5 years, both to date from 16 December 1999.

Orders

  • Total sentence of 8 years imprisonment imposed for manslaughter of Abilio Nunes, with non-parole period of 5 years; both periods to date from 16 December 1999.