R v Wetherall [2006] NSWSC 486

R v Wetherall [2006] NSWSC 486

The offender was sentenced for manslaughter on the basis that, when she stabbed Mr Wright, her capacity to understand events, judge whether her actions were right or wrong, or control herself was substantially impaired by an abnormality of mind arising from an underlying condition. Although the offence was very serious and required custody, substantial leniency was warranted because of her guilty plea, previous good character, employment history, diminished general deterrence due to mental impairment, deprived childhood caused by sexual abuse, deep remorse, low risk of reoffending, and the interests of her children.

Jurisdiction
Australia
Judgment Date
18 May 2006
Procedural Posture
Criminal Sentencing / Sentence After Plea of Guilty to Manslaughter Accepted in Discharge of Indictment for Murder
Outcome
The offender was convicted of manslaughter and sentenced to imprisonment with a non-parole period of eighteen months and a total term of three years, backdated to 8 February 2005.
Legal Topics
['manslaughter' 'murder' 'substantial Impairment by Abnormality of Mind' 'provocation as Mitigating Factor' 'guilty Plea' 'remorse' 'special Circumstances' 'parole Conditions']
['criminal Law' 'sentencing'] ['manslaughter' 'murder' 'substantial Impairment by Abnormality of Mind' 'provocation as Mitigating Factor' 'guilty Plea' 'remorse' 'special Circumstances' 'parole Conditions']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentencing / Sentence After Plea of Guilty to Manslaughter Accepted in Discharge of Indictment for Murder

Legal Issues

  1. 1 ["What sentence should be imposed for manslaughter after the Crown accepted the offender's plea in discharge of an indictment for murder." 'Whether the offender should be sentenced on the basis that her capacity was substantially impaired by an abnormality of mind arising from an underlying condition.' 'What aggravating and mitigating factors applied under s21A of the Crimes (Sentencing Procedure) Act.' 'What discount should be allowed for the guilty plea under s22 of the Crimes (Sentencing Procedure) Act.' 'Whether special circumstances justified a longer period of parole supervision.']

Ratio Decidendi

The offender was sentenced for manslaughter on the basis that, when she stabbed Mr Wright, her capacity to understand events, judge whether her actions were right or wrong, or control herself was substantially impaired by an abnormality of mind arising from an underlying condition. Although the offence was very serious and required custody, substantial leniency was warranted because of her guilty plea, previous good character, employment history, diminished general deterrence due to mental impairment, deprived childhood caused by sexual abuse, deep remorse, low risk of reoffending, and the interests of her children.

Court Disposition

The offender was convicted of manslaughter and sentenced to imprisonment with a non-parole period of eighteen months and a total term of three years, backdated to 8 February 2005.

Orders

  • ['Denise Lynette Weatherall was convicted of the manslaughter of Brian Wright on 8 February 2005.' 'The offender was sentenced to imprisonment comprising a non-parole period of eighteen months and a total term of three years.' 'The sentence was to date from 8 February 2005 and expire on 7 February 2008.' 'The...