R v Glanville [2010] NSWSC 364

R v Glanville [2010] NSWSC 364

The prisoner is sentenced for manslaughter because it was reasonably possible he believed his actions were necessary for self-defence, and alternatively, his abnormality of mind substantially impaired his ability to control his actions, warranting reduction from murder to manslaughter. The sentence reflects the grossly disproportionate response by the prisoner but accounts for the mitigating factors including substantial impairment.

Parties
Prosecutor: Regina; Prisoner: David Glanville
Jurisdiction
Australia
Judgment Date
07 May 2010
Procedural Posture
Criminal / Sentencing
Outcome
The prisoner is sentenced to a non-parole period of imprisonment of five years commencing 20 June 2007 and expiring 19 June 2012, and a balance of the term of one year eight months. The earliest parole eligibility is 19 June 2012.
Legal Topics
Manslaughter, Sentencing, Excessive Self Defence, Substantial Impairment by Abnormality of Mind
Criminal Law Manslaughter Sentencing Excessive Self Defence Substantial Impairment by Abnormality of Mind

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Parties

Regina

Prosecutor

David Glanville

Prisoner

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Sentencing for manslaughter after jury verdict of not guilty of murder
  2. 2 Whether the offence involved excessive self-defence
  3. 3 Whether substantial impairment by abnormality of mind reduces murder to manslaughter

Ratio Decidendi

The prisoner is sentenced for manslaughter because it was reasonably possible he believed his actions were necessary for self-defence, and alternatively, his abnormality of mind substantially impaired his ability to control his actions, warranting reduction from murder to manslaughter. The sentence reflects the grossly disproportionate response by the prisoner but accounts for the mitigating factors including substantial impairment.

Court Disposition

The prisoner is sentenced to a non-parole period of imprisonment of five years commencing 20 June 2007 and expiring 19 June 2012, and a balance of the term of one year eight months. The earliest parole eligibility is 19 June 2012.

Orders

  • Non-parole period of imprisonment of five years commencing on 20 June 2007 and expiring on 19 June 2012
  • Balance of the term of one year eight months