R v Tarrant [2018] NSWSC 774

R v Tarrant [2018] NSWSC 774

The sentencing court must determine culpability and objective gravity consistently with the jury's verdict of manslaughter due to substantial impairment by abnormality of mind, taking into account psychiatric evidence and history of intimate partner violence, allowing a combined discount for early plea and assistance to authorities, and applying a finding of special circumstances to justify parole conditions.

Parties
Prosecutor: Regina (Crown); Offender: Sarah Renae Tarrant
Jurisdiction
Australia
Judgment Date
29 May 2018
Procedural Posture
Criminal / Sentencing After Conviction on Manslaughter Following Jury Verdict
Outcome
offender sentenced to imprisonment
Legal Topics
Manslaughter, Substantial Impairment by Abnormality of Mind, Intimate Partner Violence, Sentencing, Partial Defence, Domestic Violence
Criminal Law Manslaughter Substantial Impairment by Abnormality of Mind Intimate Partner Violence Sentencing Partial Defence Domestic Violence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 34 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Regina (Crown)

Prosecutor

Sarah Renae Tarrant

Offender

Procedural Posture

Criminal / Sentencing After Conviction on Manslaughter Following Jury Verdict

Legal Issues

  1. 1 Appropriate sentence for manslaughter where partial defence of substantial impairment by abnormality of mind applies
  2. 2 Consideration of intimate partner violence and psychiatric impairment in sentencing
  3. 3 Assessment of offender's moral culpability

Ratio Decidendi

The sentencing court must determine culpability and objective gravity consistently with the jury's verdict of manslaughter due to substantial impairment by abnormality of mind, taking into account psychiatric evidence and history of intimate partner violence, allowing a combined discount for early plea and assistance to authorities, and applying a finding of special circumstances to justify parole conditions.

Court Disposition

offender sentenced to imprisonment

Orders

  • Sarah Renae Tarrant is sentenced to imprisonment for eight years for manslaughter, comprising a non-parole period of five years commencing 5 November 2015 and expiring 4 November 2020, with a balance of term of three years commencing 5 November 2020 and expiring 4 November 2023.
  • Earliest date upon which offender is eligible for release on parole is 5 November 2020.