Lees v R [2019] NSWCCA 65

Lees v R [2019] NSWCCA 65

The sentencing judge erred by not adequately considering the impact of the applicant's psychiatric problems on her moral culpability, thus rendering the sentence manifestly excessive. The applicant's psychiatric disabilities significantly reduced her moral culpability for what was otherwise objectively a high-order manslaughter. Accordingly, resentencing was warranted.

Jurisdiction
Australia
Judgment Date
29 March 2019
Procedural Posture
Sentence Appeal / Determination of Leave and Merit of Appeal Against Sentence; Resentencing
Outcome
Appeal allowed; sentence quashed; new sentence imposed
Legal Topics
['sentence Appeal' 'manslaughter' 'objective Seriousness' 'manifest Excess' 'mental Health and Culpability' 'domestic Violence Relevance']
['criminal Law'] ['sentence Appeal' 'manslaughter' 'objective Seriousness' 'manifest Excess' 'mental Health and Culpability' 'domestic Violence Relevance']

Case Brief

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Procedural Posture

Sentence Appeal / Determination of Leave and Merit of Appeal Against Sentence; Resentencing

Legal Issues

  1. 1 ['Whether sentencing judge erred in assessment of the objective seriousness of the offence' 'Whether sentence was manifestly excessive' "Whether sufficient weight was given to applicant's psychiatric and psychological difficulties and moral culpability"]

Ratio Decidendi

The sentencing judge erred by not adequately considering the impact of the applicant's psychiatric problems on her moral culpability, thus rendering the sentence manifestly excessive. The applicant's psychiatric disabilities significantly reduced her moral culpability for what was otherwise objectively a high-order manslaughter. Accordingly, resentencing was warranted.

Court Disposition

Appeal allowed; sentence quashed; new sentence imposed

Orders

  • ['Leave to appeal against sentence is granted.' 'The appeal against sentence is allowed.' 'The sentence imposed by Marien SC ADCJ on 18 July 2017 is quashed.' 'In lieu thereof, the applicant is sentenced to imprisonment with a non-parole period of 9 years, commencing 20 October 2015 and expiring 19 October 2024,...