Regina v Michael Davison Tillman [2004] NSWSC 794

Regina v Michael Davison Tillman [2004] NSWSC 794

Determining the sentence for manslaughter requires weighing aggravating features (actual violence, substantial harm) against mitigating circumstances (provocation, good character, remorse, plea of guilty, prospects of rehabilitation), resulting in a sentence of 6 years with special circumstances for parole eligibility and reduction from the notional head sentence.

Jurisdiction
Australia
Judgment Date
03 December 2004
Procedural Posture
Criminal / Sentencing
Outcome
Sentenced to imprisonment for 6 years with a non-parole period of 3 years 3 months and a balance of 2 years 9 months.
Legal Topics
['sentencing' 'manslaughter' 'plea of Guilty']
['criminal Law'] ['sentencing' 'manslaughter' 'plea of Guilty']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['What is the appropriate sentence for a plea of guilty to manslaughter?' 'Whether there are aggravating or mitigating factors under s 21A of Crimes (Sentencing Procedure) Act 1999?' 'Whether special circumstances under s 44(2) of the Act exist?']

Ratio Decidendi

Determining the sentence for manslaughter requires weighing aggravating features (actual violence, substantial harm) against mitigating circumstances (provocation, good character, remorse, plea of guilty, prospects of rehabilitation), resulting in a sentence of 6 years with special circumstances for parole eligibility and reduction from the notional head sentence.

Court Disposition

Sentenced to imprisonment for 6 years with a non-parole period of 3 years 3 months and a balance of 2 years 9 months.

Orders

  • ['Imprisonment for 6 years, commencing 26 August 2003.' 'Non-parole period of 3 years 3 months.' 'Balance of 2 years 9 months.' 'Earliest parole eligibility: 25 November 2006.']