R v Howard [1999] NSWSC 1228

R v Howard [1999] NSWSC 1228

The prisoner's offence was to be sentenced as manslaughter by provocation. Although his good character, remorse, prospects of rehabilitation, timely willingness to plead guilty to manslaughter and 38 days of pre-sentence custody justified leniency and credit, the seriousness of unlawfully taking a human life required a custodial sentence comprising a five-year minimum term less credit for custody and an additional term of one year and six months.

Jurisdiction
Australia
Judgment Date
17 December 1999
Procedural Posture
Criminal Sentencing for Manslaughter / Sentence After Jury Verdict of Guilty of Manslaughter
Outcome
The prisoner was sentenced for manslaughter to penal servitude with a minimum term and an additional term.
Legal Topics
['sentencing' 'manslaughter' 'provocation' 'victim Impact Statement' 'pre Sentence Custody']
['criminal Law and Procedure'] ['sentencing' 'manslaughter' 'provocation' 'victim Impact Statement' 'pre Sentence Custody']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['The appropriate sentence for manslaughter after the prisoner was convicted of manslaughter as an alternative to murder.' 'Whether sentence should proceed on the basis that culpability for murder was reduced to manslaughter by provocation.' "What allowance should be made for the prisoner's timely willingness to plead guilty to manslaughter, remorse, good character, prospects of rehabilitation and pre-sentence custody."]

Ratio Decidendi

The prisoner's offence was to be sentenced as manslaughter by provocation. Although his good character, remorse, prospects of rehabilitation, timely willingness to plead guilty to manslaughter and 38 days of pre-sentence custody justified leniency and credit, the seriousness of unlawfully taking a human life required a custodial sentence comprising a five-year minimum term less credit for custody and an additional term of one year and six months.

Court Disposition

The prisoner was sentenced for manslaughter to penal servitude with a minimum term and an additional term.

Orders

  • ['Minimum term of five years penal servitude, reduced by 38 days for pre-sentence custody.' 'Sentence to commence on 10 December 1999 and expire on 2 November 2004.' 'Additional term of one year and six months to commence on 3 November 2004 and expire on 2 May 2006.']