R v Impson [2018] NSWSC 1490

R v Impson [2018] NSWSC 1490

A finite sentence was appropriate because the murder, while very serious, was in the low range of objective seriousness: the offender intended to cause grievous bodily harm rather than to kill, inflicted a single stab wound, acted spontaneously and without pre-planning near her temporary abode after the deceased attended unexpectedly and uninvited, and her mental illness and disorder materially contributed to the offence and reduced her moral culpability. Those conditions also significantly reduced the weight of general deterrence, although specific deterrence remained relevant. Special circumstances justified a longer period on parole supervision.

Jurisdiction
Australia
Judgment Date
14 September 2018
Procedural Posture
Criminal Sentence for Murder / Sentencing After Jury Verdict of Guilty of Murder
Outcome
Sentenced for murder to imprisonment for 18 years with a non-parole period of 12 years.
Legal Topics
['murder' 'intent to Cause Grievous Bodily Harm' 'self Defence' 'substantial Impairment by Abnormality of Mind' 'mental Illness and Moral Culpability' 'objective Seriousness' 'general Deterrence' 'specific Deterrence' 'special Circumstances' 'victim Impact Statements']
['criminal Law' 'sentencing'] ['murder' 'intent to Cause Grievous Bodily Harm' 'self Defence' 'substantial Impairment by Abnormality of Mind' 'mental Illness and Moral Culpability' 'objective Seriousness' 'general Deterrence' 'specific Deterrence' 'special Circumstances' 'victim Impact Statements']

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Procedural Posture

Criminal Sentence for Murder / Sentencing After Jury Verdict of Guilty of Murder

Legal Issues

  1. 1 ["What facts material to sentence should be found consistently with the jury's verdict." 'Whether the murder warranted life imprisonment or a finite term of imprisonment.' 'Whether the offence was planned or spontaneous and whether there was provocation by the deceased.' "Whether the offender's borderline personality disorder and bipolar affective disorder contributed materially to the offending and reduced moral culpability." 'What weight should be given to general deterrence, specific deterrence, rehabilitation, risk of re-offending and special circumstances.' 'What sentence and non-parole period should be imposed for murder.']

Ratio Decidendi

A finite sentence was appropriate because the murder, while very serious, was in the low range of objective seriousness: the offender intended to cause grievous bodily harm rather than to kill, inflicted a single stab wound, acted spontaneously and without pre-planning near her temporary abode after the deceased attended unexpectedly and uninvited, and her mental illness and disorder materially contributed to the offence and reduced her moral culpability. Those conditions also significantly reduced the weight of general deterrence, although specific deterrence remained relevant. Special circumstances justified a longer period on parole supervision.

Court Disposition

Sentenced for murder to imprisonment for 18 years with a non-parole period of 12 years.

Orders

  • ['Rachel Impson is convicted of the murder of Michael Insley.' 'The offender is sentenced to imprisonment for a non-parole period of 12 years commencing on 26 October 2014 and expiring on 25 October 2026.' 'The balance of the term is 6 years commencing on 26 October 2026 and expiring on 25 October 2032.' 'The...