R v Cadman [2019] NSWSC 634

R v Cadman [2019] NSWSC 634

The murder was objectively very grave because the offender intentionally killed a defenceless 67-year-old woman in her own home by repeatedly stabbing her with a large knife, without provocation. However, the offence was spontaneous, grossly out of character, committed by a man with no prior violence, and occurred while sudden alcohol withdrawal significantly disturbed his mind, reducing his moral culpability and the need for deterrence. Balancing those factors, and finding special circumstances for a longer parole period, the Court imposed a total sentence of 20 years with a non-parole period of 14 years.

Jurisdiction
Australia
Judgment Date
31 May 2019
Procedural Posture
Criminal Sentence for Murder / Sentence After Jury Verdict of Guilty of Murder
Outcome
Convicted of murder and sentenced to imprisonment with a non-parole period of 14 years and a parole period of 6 years.
Legal Topics
['murder' 'substantial Impairment' 'alcohol Withdrawal Syndrome' 'domestic Violence' 'objective Gravity' 'moral Culpability' 'non Parole Period' 'special Circumstances']
['criminal Law' 'sentencing'] ['murder' 'substantial Impairment' 'alcohol Withdrawal Syndrome' 'domestic Violence' 'objective Gravity' 'moral Culpability' 'non Parole Period' 'special Circumstances']

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Procedural Posture

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

Legal Issues

  1. 1 ['What sentence should be imposed for murder after the offender was found guilty by a jury despite relying on the partial defence of substantial impairment.' 'Whether the offender intended to kill the deceased at the time of the stabbing.' "How the objective gravity of an unprovoked fatal stabbing of a defenceless domestic partner in her home should be balanced against the offender's alcohol withdrawal syndrome and reduced moral culpability." 'Whether special circumstances should be found to extend the parole period.']

Ratio Decidendi

The murder was objectively very grave because the offender intentionally killed a defenceless 67-year-old woman in her own home by repeatedly stabbing her with a large knife, without provocation. However, the offence was spontaneous, grossly out of character, committed by a man with no prior violence, and occurred while sudden alcohol withdrawal significantly disturbed his mind, reducing his moral culpability and the need for deterrence. Balancing those factors, and finding special circumstances for a longer parole period, the Court imposed a total sentence of 20 years with a non-parole period of 14 years.

Court Disposition

Convicted of murder and sentenced to imprisonment with a non-parole period of 14 years and a parole period of 6 years.

Orders

  • ['Robert Brian Cadman is convicted of the offence of murder with regard to the death of Yvonne Beryl Parkes.' 'The offender is sentenced to a non-parole period of imprisonment for 14 years, to commence on 3 December 2016 and to expire on 2 December 2030.' 'The non-parole period will be followed by a parole period of...