R v Parker (No 2) [2016] NSWSC 813

R v Parker (No 2) [2016] NSWSC 813

The offender's manslaughter was below mid-range in objective seriousness because the Crown had not proved beyond reasonable doubt an intention to kill or cause really serious injury or reckless disregard for human life, and substantial impairment was proved on the balance of probabilities. A full-time custodial sentence was required, but the offender's cognitive disorder, intoxication, remorse, early plea, Fernando considerations, rehabilitation prospects and special circumstances justified a 25% discount from a 10-year starting point and a non-parole period shorter than the balance of the term.

Jurisdiction
Australia
Judgment Date
14 June 2016
Procedural Posture
Criminal Sentencing for Manslaughter / Remarks on Sentence After Jury Found Offender Not Guilty of Murder and Guilty of Manslaughter in Accordance With Her Plea
Outcome
Conviction recorded; sentence imposed of seven and a half years' imprisonment with a non-parole period of four years.
Legal Topics
['manslaughter' 'cognitive Disorder' 'substantial Impairment' 'early Guilty Plea' 'remorse' 'objective Seriousness' 'non Parole Period' 'fernando Considerations']
['criminal Law' 'sentencing'] ['manslaughter' 'cognitive Disorder' 'substantial Impairment' 'early Guilty Plea' 'remorse' 'objective Seriousness' 'non Parole Period' 'fernando Considerations']

Case Brief

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Procedural Posture

Criminal Sentencing for Manslaughter / Remarks on Sentence After Jury Found Offender Not Guilty of Murder and Guilty of Manslaughter in Accordance With Her Plea

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's manslaughter of Kenneth Wayne Parker." "How the offender's severe cognitive disorder, alcohol intoxication, absence of intent to kill or cause grievous bodily injury, and substantial impairment affected objective seriousness and deterrence." 'Whether aggravating features including use of a weapon, prior criminal record, and occurrence in the home affected sentence.' 'What allowance should be made for the early plea of guilty, remorse, Aboriginal background, prospects of rehabilitation, and special circumstances.']

Ratio Decidendi

The offender's manslaughter was below mid-range in objective seriousness because the Crown had not proved beyond reasonable doubt an intention to kill or cause really serious injury or reckless disregard for human life, and substantial impairment was proved on the balance of probabilities. A full-time custodial sentence was required, but the offender's cognitive disorder, intoxication, remorse, early plea, Fernando considerations, rehabilitation prospects and special circumstances justified a 25% discount from a 10-year starting point and a non-parole period shorter than the balance of the term.

Court Disposition

Conviction recorded; sentence imposed of seven and a half years' imprisonment with a non-parole period of four years.

Orders

  • ['Marianne Parker was convicted of manslaughter, in that on 16 December 2013, at West Wyalong, she unlawfully killed Kenneth Wayne Parker.' "The offender was sentenced to a non-parole period of four years' imprisonment, commencing 16 December 2013 and concluding 15 December 2017, with a further term of three and a...