R v French [2021] NSWSC 1531

R v French [2021] NSWSC 1531

The offender's manslaughter was a serious example of unlawful and dangerous act manslaughter, just below the mid-range of objective gravity, because it occurred after a history and immediate sequence of domestic violence against the deceased, involved force sufficient to fracture her jaw, and caused loss of life, although it was not planned and his organic brain impairment and deprived background reduced his moral culpability and the weight of general deterrence. The disposal of the body was also serious because it prevented investigation and grieving for about five and a half years, though it was not sophisticated or planned beyond the immediate concealment. The offender's criminal...

Jurisdiction
Australia
Judgment Date
26 November 2021
Procedural Posture
Criminal Sentencing / Sentence Following Pleas of Guilty to Manslaughter and Wilfully Disposing of a Dead Body
Outcome
The offender was convicted of manslaughter and unlawful disposal of the deceased's body and sentenced to an overall effective sentence of 10 years imprisonment with a non-parole period of 7 years.
Legal Topics
['manslaughter by Unlawful and Dangerous Act' 'unlawful Disposal of a Corpse' 'domestic Violence' 'guilty Plea Discount' 'special Circumstances' 'remorse' 'objective Seriousness' 'moral Culpability' 'community Protection']
['criminal Law' 'sentencing'] ['manslaughter by Unlawful and Dangerous Act' 'unlawful Disposal of a Corpse' 'domestic Violence' 'guilty Plea Discount' 'special Circumstances' 'remorse' 'objective Seriousness' 'moral Culpability' 'community Protection']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence Following Pleas of Guilty to Manslaughter and Wilfully Disposing of a Dead Body

Legal Issues

  1. 1 ['What sentence should be imposed for the manslaughter of Cheryl Ardler by unlawful and dangerous act.' "What sentence should be imposed for the common law offence of wilfully disposing of the deceased's body before a coronial inquest." "What weight should be given to the offender's deprived background, organic brain impairment and substance use in assessing moral culpability, deterrence and community protection." "Whether the offender's remorse should be accepted and what weight it should receive." 'What guilty plea discount applied to the manslaughter count and to the new count offence of disposal of the body under Div 1A of Pt 3 of the Crimes (Sentencing Procedure) Act 1999 (NSW).' 'Whether special circumstances justified departure from the usual statutory ratio between the head sentence and the non-parole period.']

Ratio Decidendi

The offender's manslaughter was a serious example of unlawful and dangerous act manslaughter, just below the mid-range of objective gravity, because it occurred after a history and immediate sequence of domestic violence against the deceased, involved force sufficient to fracture her jaw, and caused loss of life, although it was not planned and his organic brain impairment and deprived background reduced his moral culpability and the weight of general deterrence. The disposal of the body was also serious because it prevented investigation and grieving for about five and a half years, though it was not sophisticated or planned beyond the immediate concealment. The offender's criminal...

Court Disposition

The offender was convicted of manslaughter and unlawful disposal of the deceased's body and sentenced to an overall effective sentence of 10 years imprisonment with a non-parole period of 7 years.

Orders

  • ['Dennis Andrew French is convicted of the manslaughter of Cheryl Ardler and the unlawful disposal of her body.' "For the offence of disposal of the deceased's body, the offender is sentenced to imprisonment for 2 years and 8 months with a non-parole period of 2 years commencing from 14 February 2019." 'For the...