REGINA v ANDREW TERRANCE WHITING [2002] NSWSC 827

REGINA v ANDREW TERRANCE WHITING [2002] NSWSC 827

Manslaughter conviction is supported on the basis that the fatal knife wound was inflicted during a domestic altercation, with the accused acting unlawfully and dangerously, although without intent to kill or cause grievous bodily harm; sentence reflects early plea, genuine remorse, alcohol and psychiatric issues, and special circumstances including protective custody.

Jurisdiction
Australia
Judgment Date
06 September 2002
Procedural Posture
Criminal / Sentencing After Guilty Plea to Manslaughter
Outcome
Convicted of manslaughter; sentenced to imprisonment for 5 years and 4 months, with a non-parole period of 3 years due to special circumstances.
Legal Topics
['manslaughter' 'unlawful and Dangerous Act' 'domestic Violence' 'alcohol Dependence' 'special Circumstances for Parole']
['criminal Law'] ['manslaughter' 'unlawful and Dangerous Act' 'domestic Violence' 'alcohol Dependence' 'special Circumstances for Parole']

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Procedural Posture

Criminal / Sentencing After Guilty Plea to Manslaughter

Legal Issues

  1. 1 ['Whether the facts support conviction for manslaughter by unlawful and dangerous act rather than murder' 'Appropriate sentencing given circumstances including alcohol, psychiatric disorders, and remorse' 'Determination of special circumstances affecting non-parole period']

Ratio Decidendi

Manslaughter conviction is supported on the basis that the fatal knife wound was inflicted during a domestic altercation, with the accused acting unlawfully and dangerously, although without intent to kill or cause grievous bodily harm; sentence reflects early plea, genuine remorse, alcohol and psychiatric issues, and special circumstances including protective custody.

Court Disposition

Convicted of manslaughter; sentenced to imprisonment for 5 years and 4 months, with a non-parole period of 3 years due to special circumstances.

Orders

  • ['Imprisonment for 5 years and 4 months from 8 September 2000 to 7 January 2006' 'Non-parole period of 3 years from 8 September 2000 to 7 September 2003' 'Parole conditions: undergo alcohol counselling and treatment as directed by authorities' 'Parole conditions: undergo psychiatric and psychological treatment as...