R v Marlow [2003] NSWSC 1130

R v Marlow [2003] NSWSC 1130

The prisoner is to be sentenced on the basis that the Crown failed to prove he was not acting under provocation, including sexual assaults on his sixteenth birthday and possibly on the night of the killing, and that none of the circumstances justified a non parole period of less than three-quarters of the term. The gravity of the offence is high given the extreme violence, but a discount is allowed due to the utilitarian value of the early plea.

Parties
Prosecution: Regina; Accused: Paul David Marlow
Jurisdiction
Australia
Judgment Date
05 December 2003
Procedural Posture
Criminal / Sentencing After Trial
Outcome
sentenced to imprisonment
Legal Topics
Manslaughter, Provocation, Sentencing
Criminal Law Manslaughter Provocation Sentencing

Case Brief

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Parties

Regina

Prosecution

Paul David Marlow

Accused

Procedural Posture

Criminal / Sentencing After Trial

Legal Issues

  1. 1 Whether the offender was acting under provocation in committing the killing
  2. 2 The appropriate sentence for manslaughter by reason of provocation

Ratio Decidendi

The prisoner is to be sentenced on the basis that the Crown failed to prove he was not acting under provocation, including sexual assaults on his sixteenth birthday and possibly on the night of the killing, and that none of the circumstances justified a non parole period of less than three-quarters of the term. The gravity of the offence is high given the extreme violence, but a discount is allowed due to the utilitarian value of the early plea.

Court Disposition

sentenced to imprisonment

Orders

  • Sentenced to imprisonment for a term of nine years, commencing on 1 January 2002 and expiring on 31 December 2010.
  • A non parole period of 6 years 9 months fixed, commencing on 1 January 2002 and expiring on 30 September 2008.