Camilleri v R [2023] NSWCCA 106

Camilleri v R [2023] NSWCCA 106

The sentencing judge erred in the assessment of the objective seriousness by not properly accounting for the applicant's complex psychiatric and cognitive impairments and the effect of loss of self-control on spontaneity, and also erred in failing to reduce the sentence for facilitation of the administration of justice under s 22A. Therefore, the sentence was quashed and replaced with a lesser term.

Jurisdiction
Australia
Judgment Date
17 May 2023
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed; sentence quashed and replaced
Legal Topics
['sentencing' 'manslaughter' 'mental Impairment' 'substantial Impairment' 'objective Seriousness' 'moral Culpability' 'facilitation of Justice' 'sentencing Discounts']
['criminal Law'] ['sentencing' 'manslaughter' 'mental Impairment' 'substantial Impairment' 'objective Seriousness' 'moral Culpability' 'facilitation of Justice' 'sentencing Discounts']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred in the assessment of the objective gravity of the crime' 'Whether the sentencing judge erred in failing to discount the sentence for acceptance of responsibility and facilitation of the administration of justice' 'Whether the sentence was manifestly excessive']

Ratio Decidendi

The sentencing judge erred in the assessment of the objective seriousness by not properly accounting for the applicant's complex psychiatric and cognitive impairments and the effect of loss of self-control on spontaneity, and also erred in failing to reduce the sentence for facilitation of the administration of justice under s 22A. Therefore, the sentence was quashed and replaced with a lesser term.

Court Disposition

Appeal allowed; sentence quashed and replaced

Orders

  • ['Grant leave to appeal.' 'Allow the appeal on ground 1.' 'Quash the sentence imposed on 12 March 2021 and in lieu thereof the applicant is sentenced to a non-parole period of 12 years commencing on 20 July 2019 and expiring on 19 July 2031, with a balance of term of 4 years and 6 months expiring on 19 January...