R v Kenneth Noel WHITE [2009] NSWSC 809

R v Kenneth Noel WHITE [2009] NSWSC 809

The offence was a serious manslaughter involving a high level of violence and an intention to kill, but the offender had no criminal history or history of personal violence and the killing was explicable only by a considerable level of mental impairment from schizophrenia. Although alcohol use and failure to take medication contributed, it could not fairly be said that he should have foreseen violence of this kind. His impairment, unblemished record, reasonable rehabilitation prospects and guilty plea justified leniency, while community protection required a sentence with an extended period of supervised release. A 15% discount from a 12-year sentence produced a 10-year sentence with a...

Jurisdiction
Australia
Judgment Date
20 August 2009
Procedural Posture
Criminal Sentence / Sentence Following Plea of Guilty to Manslaughter Accepted in Satisfaction of Indictment for Murder
Outcome
Sentence of 10 years imprisonment with a non-parole period of 6 years.
Legal Topics
['sentencing' 'manslaughter' 'substantial Impairment by Abnormality of Mind' 'death by Stabbing' 'schizophrenia' 'guilty Plea Discount' 'non Parole Period']
['criminal Law'] ['sentencing' 'manslaughter' 'substantial Impairment by Abnormality of Mind' 'death by Stabbing' 'schizophrenia' 'guilty Plea Discount' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence Following Plea of Guilty to Manslaughter Accepted in Satisfaction of Indictment for Murder

Legal Issues

  1. 1 ['What sentence should be imposed for manslaughter where the offender pleaded guilty on the basis of substantial impairment by abnormality of mind.' "The extent to which the offender's schizophrenia, alcohol use and failure to take medication reduced moral culpability and warranted leniency." 'Whether community protection required a significant sentence and an extended supervised parole period.' 'Whether special circumstances warranted departure from the statutory proportion between sentence and non-parole period.']

Ratio Decidendi

The offence was a serious manslaughter involving a high level of violence and an intention to kill, but the offender had no criminal history or history of personal violence and the killing was explicable only by a considerable level of mental impairment from schizophrenia. Although alcohol use and failure to take medication contributed, it could not fairly be said that he should have foreseen violence of this kind. His impairment, unblemished record, reasonable rehabilitation prospects and guilty plea justified leniency, while community protection required a sentence with an extended period of supervised release. A 15% discount from a 12-year sentence produced a 10-year sentence with a...

Court Disposition

Sentence of 10 years imprisonment with a non-parole period of 6 years.

Orders

  • ['Kenneth Noel White, for the manslaughter of Paul Richards, is sentenced to imprisonment for a non-parole period of 6 years, commencing on 10 December 2007 and expiring on 9 December 2013.' 'The balance of term is 4 years, commencing on 10 December 2013 and expiring on 9 December 2017.']