R v Shirley JUSTINS [2008] NSWSC 1194

R v Shirley JUSTINS [2008] NSWSC 1194

The offender's manslaughter involved a planned and deceptive course of conduct over months to bring about the death of a vulnerable deceased who lacked capacity, including sponsoring the illegal importation of Nembutal. Although she acted because she believed she was honouring the deceased's wishes, had no prior convictions and was influenced by the stronger co-offender, denunciation of the unlawful taking of life and general deterrence required imprisonment. Her good character, lack of need for individual deterrence and motivation justified leniency by permitting the imprisonment to be served by periodic detention, but there were no special circumstances to reduce the non-parole period.

Jurisdiction
Australia
Judgment Date
12 November 2008
Procedural Posture
Criminal Law Sentence for Manslaughter After Trial / Remarks on Sentence After Jury Verdict of Guilty of Manslaughter
Outcome
The offender was sentenced to imprisonment by way of periodic detention, with a non-parole period of 22 months and a balance of term of 8 months.
Legal Topics
['manslaughter by Gross Criminal Negligence' 'aiding and Abetting Suicide' 'euthanasia and Assisted Suicide' 'general Deterrence' 'denunciation' 'periodic Detention']
['criminal Law' 'sentencing'] ['manslaughter by Gross Criminal Negligence' 'aiding and Abetting Suicide' 'euthanasia and Assisted Suicide' 'general Deterrence' 'denunciation' 'periodic Detention']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Law Sentence for Manslaughter After Trial / Remarks on Sentence After Jury Verdict of Guilty of Manslaughter

Legal Issues

  1. 1 ["What sentence should be imposed on the offender for manslaughter after the jury found that the deceased lacked capacity to make an informed decision to end his life and that a reasonable person in the offender's position would have known or made inquiries about that lack of capacity." "Whether the purposes of punishment, including denunciation and general deterrence, required a sentence of imprisonment despite the offender's good character, motivation and lack of prior convictions." 'Whether the sentence of imprisonment should be served by way of periodic detention and whether there were special circumstances to reduce the non-parole period.']

Ratio Decidendi

The offender's manslaughter involved a planned and deceptive course of conduct over months to bring about the death of a vulnerable deceased who lacked capacity, including sponsoring the illegal importation of Nembutal. Although she acted because she believed she was honouring the deceased's wishes, had no prior convictions and was influenced by the stronger co-offender, denunciation of the unlawful taking of life and general deterrence required imprisonment. Her good character, lack of need for individual deterrence and motivation justified leniency by permitting the imprisonment to be served by periodic detention, but there were no special circumstances to reduce the non-parole period.

Court Disposition

The offender was sentenced to imprisonment by way of periodic detention, with a non-parole period of 22 months and a balance of term of 8 months.

Orders

  • ['The offender is sentenced to a non-parole period of 22 months with a balance of term of 8 months.' 'The sentence is to be served by way of periodic detention.' 'The sentence is to be served at the Tomago Periodic Detention Centre and is to commence on 21 November 2008.' 'The offender is to be released to parole on...