R v Daniels [2004] NSWSC 1201

R v Daniels [2004] NSWSC 1201

The offender is sentenced towards the top of the range for manslaughter in a domestic context due to the sustained violent attack, involvement of children, lack of contrition, mental health issues, and circumstances calling for special consideration in non-parole period, but not for the use of a weapon or premeditation.

Jurisdiction
Australia
Judgment Date
14 December 2004
Procedural Posture
Criminal / Sentencing After Jury Verdict
Outcome
imprisonment for eight years with a non-parole period of five years from 31 October 2002
Legal Topics
['manslaughter' 'sentencing' 'domestic Violence']
['criminal Law'] ['manslaughter' 'sentencing' 'domestic Violence']

Case Brief

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Procedural Posture

Criminal / Sentencing After Jury Verdict

Legal Issues

  1. 1 ['Appropriate sentence for manslaughter after alternative verdict' 'Consideration of aggravating and mitigating factors' 'Use of victim impact statement in sentencing']

Ratio Decidendi

The offender is sentenced towards the top of the range for manslaughter in a domestic context due to the sustained violent attack, involvement of children, lack of contrition, mental health issues, and circumstances calling for special consideration in non-parole period, but not for the use of a weapon or premeditation.

Court Disposition

imprisonment for eight years with a non-parole period of five years from 31 October 2002

Orders

  • ['Offender sentenced to imprisonment for eight years from 31 October 2002' 'Non-parole period of five years set' 'Eligibility for parole on 30 October 2007']