R v Aller (No 2) [2015] NSWSC 402

R v Aller (No 2) [2015] NSWSC 402

Because the accused committed a sustained and ferocious knife attack on a vulnerable victim while on bail for domestic violence offences, and because his moral culpability was not markedly diminished notwithstanding substantial impairment of self-control, the appropriate limiting term before reduction was 14 years. His surrender, early admissions, willingness when fit to plead guilty to manslaughter, and focused conduct of the proceedings justified a 15% reduction under s 22A, producing a limiting term rounded down to 11 years and 6 months from 1 August 2012.

Jurisdiction
Australia
Judgment Date
10 April 2015
Procedural Posture
Criminal Sentence / Limiting Term After Special Hearing / Nomination of Limiting Term Under the Mental Health (forensic Provisions) Act 1990
Outcome
Limiting term of 11 years and 6 months nominated, to date from 1 August 2012; accused referred to the Mental Health Review Tribunal and ordered to be held in custody in an appropriate correctional centre until further assessment by the Tribunal.
Legal Topics
['special Hearing' 'manslaughter' 'substantial Impairment' 'limiting Term' 'domestic Violence' 'facilitation of the Administration of Justice']
['criminal Law' 'sentencing' 'mental Health and Forensic Procedure'] ['special Hearing' 'manslaughter' 'substantial Impairment' 'limiting Term' 'domestic Violence' 'facilitation of the Administration of Justice']

Case Brief

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Procedural Posture

Criminal Sentence / Limiting Term After Special Hearing / Nomination of Limiting Term Under the Mental Health (forensic Provisions) Act 1990

Legal Issues

  1. 1 ['What limiting term of imprisonment should be nominated after the accused, being unfit to stand trial, was found at a special hearing to have committed manslaughter rather than murder.' 'Whether the partial defence of substantial impairment reduced the killing from murder to manslaughter and how the degree of impairment affected moral culpability and sentence.' 'Whether the accused should receive a reduction for facilitating the administration of justice under s 22A of the Crimes (Sentencing Procedure) Act 1999.' 'Whether victim impact statements should be taken into account under s 28(4) of the Crimes (Sentencing Procedure) Act 1999.']

Ratio Decidendi

Because the accused committed a sustained and ferocious knife attack on a vulnerable victim while on bail for domestic violence offences, and because his moral culpability was not markedly diminished notwithstanding substantial impairment of self-control, the appropriate limiting term before reduction was 14 years. His surrender, early admissions, willingness when fit to plead guilty to manslaughter, and focused conduct of the proceedings justified a 15% reduction under s 22A, producing a limiting term rounded down to 11 years and 6 months from 1 August 2012.

Court Disposition

Limiting term of 11 years and 6 months nominated, to date from 1 August 2012; accused referred to the Mental Health Review Tribunal and ordered to be held in custody in an appropriate correctional centre until further assessment by the Tribunal.

Orders

  • ['Limiting term of 11 years & 6 months to date from 1 August 2012.' 'Under s 24 of the Mental Health (Forensic Provisions) Act 1990 I refer Mr Aller to the Mental Health Review Tribunal in light of the limiting term I have nominated. I order that he be held in custody in an appropriate correctional centre until...