R v Blanks [2016] NSWSC 707

R v Blanks [2016] NSWSC 707

The defendant's unlawful and dangerous stabbing of the deceased caused his death and required a sentence of imprisonment if the matter had been a normal trial. However, the act was unplanned, spontaneous and impulsive, without intent to kill or inflict grievous bodily harm, and the defendant's intoxicated condition was causally related to a chronic alcohol and drug disorder, cognitive and psychological dysfunction, and a personal history marked by domestic violence. Those matters reduced her culpability and moderated deterrence, although protection of the community remained relevant. The offence was assessed as towards the lower end of culpability for manslaughter of this kind, warranting...

Jurisdiction
Australia
Judgment Date
02 June 2016
Procedural Posture
Criminal Sentencing; Nomination of Limiting Term After Special Hearing Under the Mental Health (forensic Provisions) Act 1990 / Remarks on Sentence After the Defendant Was Found, on the Limited Evidence Available, Not Guilty of Murder But Guilty of Manslaughter
Outcome
A limiting term of 5 years was nominated, the defendant was referred to the Mental Health Review Tribunal, and she was ordered to be held in custody in an appropriate institution until further assessment by the Tribunal.
Legal Topics
['manslaughter by Unlawful and Dangerous Act' 'limiting Term' 'unfitness to Be Tried' 'self Induced Intoxication' 'substance Abuse Disorder' 'cognitive Impairment' 'moral Culpability' 'mental Health Review Tribunal Referral']
['criminal Law' 'sentencing' 'mental Health and Forensic Provisions'] ['manslaughter by Unlawful and Dangerous Act' 'limiting Term' 'unfitness to Be Tried' 'self Induced Intoxication' 'substance Abuse Disorder' 'cognitive Impairment' 'moral Culpability' 'mental Health Review Tribunal Referral']

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Procedural Posture

Criminal Sentencing; Nomination of Limiting Term After Special Hearing Under the Mental Health (forensic Provisions) Act 1990 / Remarks on Sentence After the Defendant Was Found, on the Limited Evidence Available, Not Guilty of Murder But Guilty of Manslaughter

Legal Issues

  1. 1 ["What limiting term should be nominated under s 23(1)(b) of the Mental Health (Forensic Provisions) Act 1990 for the defendant's manslaughter offence." "Whether the defendant's chronic alcohol and substance abuse disorder, cognitive impairment, psychiatric condition and history of domestic violence reduced her moral culpability and moderated deterrence." 'How self-induced intoxication should be treated in light of s 21A(5AA) of the Crimes (Sentencing Procedure) Act 1999 and s 428E of the Crimes Act 1900.' 'Whether the Court would have imposed a sentence of imprisonment if the special hearing had been a normal criminal trial.']

Ratio Decidendi

The defendant's unlawful and dangerous stabbing of the deceased caused his death and required a sentence of imprisonment if the matter had been a normal trial. However, the act was unplanned, spontaneous and impulsive, without intent to kill or inflict grievous bodily harm, and the defendant's intoxicated condition was causally related to a chronic alcohol and drug disorder, cognitive and psychological dysfunction, and a personal history marked by domestic violence. Those matters reduced her culpability and moderated deterrence, although protection of the community remained relevant. The offence was assessed as towards the lower end of culpability for manslaughter of this kind, warranting...

Court Disposition

A limiting term of 5 years was nominated, the defendant was referred to the Mental Health Review Tribunal, and she was ordered to be held in custody in an appropriate institution until further assessment by the Tribunal.

Orders

  • ['A limiting term of 5 years is nominated to date from 1 April 2016.' 'Pursuant to s 24 of the Mental Health (Forensic Provisions) Act 1990, the defendant is referred to the Mental Health Review Tribunal.' 'The defendant is to be held in custody in an appropriate institution until further assessment by the Tribunal.']