Regina v Gardiner [2001] NSWSC 1147

Regina v Gardiner [2001] NSWSC 1147

The prisoner was to be sentenced for manslaughter by provocation because the deceased's angry, abusive and aggressive conduct, including pushing the gate and attempting to strike the prisoner, caused the prisoner to lose self-control and intentionally inflict serious injury with a knife. Although the provocation was reasonably extreme, the loss of control was rapid, the injury was a single fatal stab wound and there was no premeditation, culpability remained reasonably high because the prisoner carried and retained the knife during the confrontation and the offence breached an existing recognizance. Allowing a moderate 12 per cent discount for the late guilty plea and remorse, and finding...

Jurisdiction
Australia
Judgment Date
06 December 2001
Procedural Posture
Criminal Sentencing for Manslaughter / Sentence After Plea of Guilty to Manslaughter Accepted During Murder Trial
Outcome
The prisoner was convicted of manslaughter and sentenced to imprisonment for a head term of seven years and eleven months with a non-parole period of five years.
Legal Topics
['manslaughter by Provocation' 'guilty Plea Discount' 'non Parole Period' 'victim Impact Statements' 'special Circumstances' 'use of Knife' 'breach of Recognizance']
['criminal Law' 'sentencing'] ['manslaughter by Provocation' 'guilty Plea Discount' 'non Parole Period' 'victim Impact Statements' 'special Circumstances' 'use of Knife' 'breach of Recognizance']

Case Brief

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Procedural Posture

Criminal Sentencing for Manslaughter / Sentence After Plea of Guilty to Manslaughter Accepted During Murder Trial

Legal Issues

  1. 1 ['What facts relevant to sentence should be found following the accepted plea to manslaughter where there was no agreement on the basis of the plea.' "Whether the manslaughter was manslaughter by provocation and the degree of the prisoner's culpability." "What allowance should be made for the prisoner's plea of guilty and remorse." 'Whether special circumstances justified a non-parole period different from the statutory ratio.' 'What sentence should be imposed for the manslaughter of Anthony Selke.']

Ratio Decidendi

The prisoner was to be sentenced for manslaughter by provocation because the deceased's angry, abusive and aggressive conduct, including pushing the gate and attempting to strike the prisoner, caused the prisoner to lose self-control and intentionally inflict serious injury with a knife. Although the provocation was reasonably extreme, the loss of control was rapid, the injury was a single fatal stab wound and there was no premeditation, culpability remained reasonably high because the prisoner carried and retained the knife during the confrontation and the offence breached an existing recognizance. Allowing a moderate 12 per cent discount for the late guilty plea and remorse, and finding...

Court Disposition

The prisoner was convicted of manslaughter and sentenced to imprisonment for a head term of seven years and eleven months with a non-parole period of five years.

Orders

  • ['Roger William Gardiner was sentenced to a head term of seven years and eleven months imprisonment.' 'The sentence is to commence on 17 July 2000.' 'A non-parole period of five years was set, commencing on 17 July 2000 and ending on 16 July 2005.' 'The prisoner will be eligible to be released to parole on 16 July...