Regina v Leeanne Terese Trevenna [2003] NSWSC 463

Regina v Leeanne Terese Trevenna [2003] NSWSC 463

A substantial custodial sentence is required for manslaughter involving the use of a firearm and the taking of life, even with strong subjective mitigating circumstances such as excessive self-defence, history of violence by the deceased, and the offender's plea and remorse. The appropriate sentence reflects both deterrence and the prospect of rehabilitation, with allowance for special circumstances.

Parties
Crown: Regina; Offender: Leeanne Terese Trevenna
Jurisdiction
Australia
Judgment Date
29 May 2003
Procedural Posture
Criminal / Sentence After Plea to Manslaughter
Outcome
Sentenced to imprisonment
Legal Topics
Manslaughter, Self Defence, Sentencing, Excessive Self Defence
Criminal Law Manslaughter Self Defence Sentencing Excessive Self Defence

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Parties

Regina

Crown

Leeanne Terese Trevenna

Offender

Procedural Posture

Criminal / Sentence After Plea to Manslaughter

Legal Issues

  1. 1 Appropriate sentence for manslaughter following plea of guilty based on excessive self-defence
  2. 2 Application of Crimes Act 1900 s 421 and relevant sentencing principles under Crimes (Sentencing Procedure) Act 1999

Ratio Decidendi

A substantial custodial sentence is required for manslaughter involving the use of a firearm and the taking of life, even with strong subjective mitigating circumstances such as excessive self-defence, history of violence by the deceased, and the offender's plea and remorse. The appropriate sentence reflects both deterrence and the prospect of rehabilitation, with allowance for special circumstances.

Court Disposition

Sentenced to imprisonment

Orders

  • Offender sentenced to 7½ years imprisonment commencing 7 December 2000, expiring 6 June 2008.
  • Non-parole period of 4½ years from 7 December 2000.