R v Todd MUNTER [2009] NSWSC 158

R v Todd MUNTER [2009] NSWSC 158

The offender's culpability for manslaughter was at the low end due to the absence of prior violence, genuine remorse, mitigation by severe chronic pain and psychiatric infirmity; but a custodial sentence was required given the consequence (death) of his actions.

Parties
Prosecution: Regina; Offender: Todd Munter
Jurisdiction
Australia
Judgment Date
09 April 2009
Procedural Posture
Criminal / Sentencing
Outcome
The offender is sentenced to imprisonment for 3 years and 3 months, with a non-parole period of 18 months from 6 October 2008 and a balance of term of 21 months from 6 April 2010.
Legal Topics
Manslaughter, Unlawful Dangerous Act, Sentencing
Criminal Law Manslaughter Unlawful Dangerous Act Sentencing

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Parties

Regina

Prosecution

Todd Munter

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for manslaughter by unlawful and dangerous act
  2. 2 Assessment of culpability and mitigating circumstances
  3. 3 Impact of offender's physical and psychiatric condition on sentencing

Ratio Decidendi

The offender's culpability for manslaughter was at the low end due to the absence of prior violence, genuine remorse, mitigation by severe chronic pain and psychiatric infirmity; but a custodial sentence was required given the consequence (death) of his actions.

Court Disposition

The offender is sentenced to imprisonment for 3 years and 3 months, with a non-parole period of 18 months from 6 October 2008 and a balance of term of 21 months from 6 April 2010.

Orders

  • Imprisonment for 3 years 3 months
  • Non-parole period of 18 months from 6 October 2008, expiring 5 April 2010