REGINA v STEVENS [2008] NSWSC 1370

REGINA v STEVENS [2008] NSWSC 1370

Although the offender's plea established manslaughter by reason of provocation, the provocation was relatively low and principally related to the deceased's drug abuse and inability to discharge parental duties, with infidelity being less significant. The offender's prescribed Zanax consumption had some effect but the evidence did not establish the extent to which it affected his self-control. The violence inflicted was extremely high, sustained and disproportionate, involving multiple injuries and blunt trauma leading to fatal intra-abdominal bleeding. Subjective matters, remorse and rehabilitation evidence were limited, and special circumstances were not established. After allowing a...

Jurisdiction
Australia
Judgment Date
18 December 2008
Procedural Posture
Criminal Sentencing for Manslaughter by Reason of Provocation / Sentence After Plea of Guilty to Manslaughter Accepted in Full Satisfaction of an Indictment for Murder
Outcome
Offender sentenced to imprisonment for manslaughter by reason of provocation with a non-parole period of six years and seven months and a balance of term of two years and two months.
Legal Topics
['manslaughter by Reason of Provocation' 'guilty Plea Discount' 'domestic Relationship Violence' 'objective Seriousness' 'drug Affectation' 'rehabilitation Prospects' 'special Circumstances']
['criminal Law' 'sentencing'] ['manslaughter by Reason of Provocation' 'guilty Plea Discount' 'domestic Relationship Violence' 'objective Seriousness' 'drug Affectation' 'rehabilitation Prospects' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Sentencing for Manslaughter by Reason of Provocation / Sentence After Plea of Guilty to Manslaughter Accepted in Full Satisfaction of an Indictment for Murder

Legal Issues

  1. 1 ['What sentence should be imposed for manslaughter by reason of provocation after the offender pleaded guilty.' 'How the degree of provocation, the interval between provocation and loss of self-control, and the degree of violence affected the objective gravity of the offence.' "Whether the offender's consumption of prescribed medication affected his loss of self-control and mitigated sentence." 'Whether the offender had established remorse, rehabilitation prospects, or special circumstances warranting a longer parole period.' 'What discount should be allowed for the guilty plea.']

Ratio Decidendi

Although the offender's plea established manslaughter by reason of provocation, the provocation was relatively low and principally related to the deceased's drug abuse and inability to discharge parental duties, with infidelity being less significant. The offender's prescribed Zanax consumption had some effect but the evidence did not establish the extent to which it affected his self-control. The violence inflicted was extremely high, sustained and disproportionate, involving multiple injuries and blunt trauma leading to fatal intra-abdominal bleeding. Subjective matters, remorse and rehabilitation evidence were limited, and special circumstances were not established. After allowing a...

Court Disposition

Offender sentenced to imprisonment for manslaughter by reason of provocation with a non-parole period of six years and seven months and a balance of term of two years and two months.

Orders

  • ['The offender is sentenced to a term of imprisonment with a non-parole period of six years and seven months to commence on 24 February 2007 and to expire on 23 September 2013.' 'The offender is sentenced to a balance of term of two years and two months to commence on 24 September 2013 and to expire on 23 November...