R v Bloodsworth; R v Errington (No 5) [2018] NSWSC 79

R v Bloodsworth; R v Errington (No 5) [2018] NSWSC 79

Both offenders, by agreement, participated in the unlawful and dangerous act of assaulting, gagging, and hog-tying the deceased, leading to his death, and are sentenced for manslaughter in company. Distinctions in objective seriousness are justified by Errington’s greater level of personal violence and criminal history, while discounts are appropriate for his early plea offers and willingness to assist authorities. Parity and special circumstances inform the distinct sentencing outcomes.

Parties
Crown: Regina; Offender: Rhiannon Lisa Bloodsworth; Offender: Trent Errington
Jurisdiction
Australia
Judgment Date
08 February 2018
Procedural Posture
Sentence / Post Conviction Sentencing
Outcome
Convicted and sentenced for manslaughter
Legal Topics
Sentencing, Manslaughter, Joint Criminal Enterprise, Parole
Criminal Law Sentencing Manslaughter Joint Criminal Enterprise Parole

Case Brief

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Parties

Regina

Crown

Rhiannon Lisa Bloodsworth

Offender

Trent Errington

Offender

Procedural Posture

Sentence / Post Conviction Sentencing

Legal Issues

  1. 1 Appropriate sentence for manslaughter by unlawful and dangerous act in a joint criminal enterprise
  2. 2 Assessment of objective and subjective seriousness for co-offenders
  3. 3 Application of discounts for plea offers and cooperation

Ratio Decidendi

Both offenders, by agreement, participated in the unlawful and dangerous act of assaulting, gagging, and hog-tying the deceased, leading to his death, and are sentenced for manslaughter in company. Distinctions in objective seriousness are justified by Errington’s greater level of personal violence and criminal history, while discounts are appropriate for his early plea offers and willingness to assist authorities. Parity and special circumstances inform the distinct sentencing outcomes.

Court Disposition

Convicted and sentenced for manslaughter

Orders

  • Rhiannon Bloodsworth: Imprisonment commencing on 31 August 2015; non-parole period of 7 years and 6 months; total term 11 years; eligible for parole 27 February 2023; sentence expires 30 August 2026.
  • Trent Errington: Imprisonment commencing on 31 August 2015; non-parole period of 6 years and 4 months; total term 8 years and 5 months; eligible for parole 30 December 2021; sentence expires 30 January 2024.