R v Ladd [2001] NSWSC 1055

R v Ladd [2001] NSWSC 1055

The offence was reduced from murder to manslaughter as the prisoner acted under provocation as defined in s 23 Crimes Act. Although he intended to inflict grievous bodily harm, his actions were done while deprived of self-control having seen what he believed was the deceased molesting his son. Sentencing appropriately considered his criminal history, the gravity of the offence, utilitarian discount for the guilty plea, co-operation with police, lack of contrition, and some prospects of rehabilitation. The sentence commences from 29 April 2001 and is not backdated.

Jurisdiction
Australia
Judgment Date
07 December 2001
Procedural Posture
Criminal / Sentencing
Outcome
Sentence imposed: ten years imprisonment with a non-parole period of seven years.
Legal Topics
['sentencing' 'manslaughter' 'provocation']
['criminal Law'] ['sentencing' 'manslaughter' 'provocation']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['On what basis the offence is reduced from murder to manslaughter under provocation' 'Assessing appropriate sentence given the offence, previous criminal history, and prospects of rehabilitation']

Ratio Decidendi

The offence was reduced from murder to manslaughter as the prisoner acted under provocation as defined in s 23 Crimes Act. Although he intended to inflict grievous bodily harm, his actions were done while deprived of self-control having seen what he believed was the deceased molesting his son. Sentencing appropriately considered his criminal history, the gravity of the offence, utilitarian discount for the guilty plea, co-operation with police, lack of contrition, and some prospects of rehabilitation. The sentence commences from 29 April 2001 and is not backdated.

Court Disposition

Sentence imposed: ten years imprisonment with a non-parole period of seven years.

Orders

  • ['The prisoner is sentenced to imprisonment for a term of ten years.' 'A non-parole period of seven years is set, commencing 29 April 2001.' 'The earliest date of eligibility for release on parole is 29 April 2008.']