R v Salcedo [2014] NSWSC 1099

R v Salcedo [2014] NSWSC 1099

The offender's act of pulling and twisting the deceased's scarf was an unlawful and dangerous assault that substantially contributed to death, but he did not intend to cause harm, did not appreciate the risk of serious injury, used force insufficient to cause bruising, and the deceased's toxic drug ingestion probably made death occur when it otherwise would not have. His schizophrenia reduced moral culpability and general deterrence, although personal deterrence remained significant given his criminal history. With remorse, guarded but optimistic rehabilitation prospects, special circumstances requiring supervision, and a 15 per cent discount for his pre-trial offer to plead guilty to...

Jurisdiction
Australia
Judgment Date
15 August 2014
Procedural Posture
Criminal Sentencing for Manslaughter / Sentence After Jury Acquitted the Offender of Murder and Convicted Him of Manslaughter
Outcome
The offender was sentenced to a total term of 4 years imprisonment with a non-parole period of 2 years.
Legal Topics
['manslaughter by Unlawful and Dangerous Act' 'objective Seriousness' 'mental Illness and Moral Culpability' 'general Deterrence and Personal Deterrence' 'discount for Offer of Plea' 'non Parole Period and Special Circumstances']
['criminal Law' 'sentencing'] ['manslaughter by Unlawful and Dangerous Act' 'objective Seriousness' 'mental Illness and Moral Culpability' 'general Deterrence and Personal Deterrence' 'discount for Offer of Plea' 'non Parole Period and Special Circumstances']

Case Brief

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Procedural Posture

Criminal Sentencing for Manslaughter / Sentence After Jury Acquitted the Offender of Murder and Convicted Him of Manslaughter

Legal Issues

  1. 1 ['What factual basis consistent with the jury verdict should be used for sentence.' 'The objective seriousness and culpability of the manslaughter by unlawful and dangerous act.' "The effect of the deceased's drug ingestion on causation and culpability." "The effect of the offender's schizophrenia on moral culpability, judgment, deterrence and rehabilitation." "The appropriate discount for the offender's offer to plead guilty to manslaughter before trial." 'Whether special circumstances justified variation of the statutory non-parole period ratio.']

Ratio Decidendi

The offender's act of pulling and twisting the deceased's scarf was an unlawful and dangerous assault that substantially contributed to death, but he did not intend to cause harm, did not appreciate the risk of serious injury, used force insufficient to cause bruising, and the deceased's toxic drug ingestion probably made death occur when it otherwise would not have. His schizophrenia reduced moral culpability and general deterrence, although personal deterrence remained significant given his criminal history. With remorse, guarded but optimistic rehabilitation prospects, special circumstances requiring supervision, and a 15 per cent discount for his pre-trial offer to plead guilty to...

Court Disposition

The offender was sentenced to a total term of 4 years imprisonment with a non-parole period of 2 years.

Orders

  • ['Dakohta Salcedo is sentenced to a total term of 4 years imprisonment commencing on 17 March 2013.' 'The sentence comprises a non-parole period of 2 years ending on 16 March 2015 and a balance of term of 2 years commencing on 17 March 2015 and ending on 16 March 2017.']