R v Tarrant [2016] NSWSC 1155

R v Tarrant [2016] NSWSC 1155

The offender's impairment by abnormality of mind was accepted as sufficient to reduce murder to manslaughter, but the sentencing judge found it was only the bare minimum required and therefore reduced culpability only modestly. The offence remained objectively very serious because the offender originated the idea of killing the deceased, planned and implemented the killing with Roff over time, drugged the deceased, facilitated Roff's entry and disposal of the body, and the killing occurred in the victim's home and in company. Allowing a combined 33% discount for the plea and assistance, and taking into account remorse, youth, lack of prior convictions, depression, hardship from separation...

Jurisdiction
Australia
Judgment Date
19 August 2016
Procedural Posture
Criminal Sentence for Manslaughter / Sentence After Jury Acquitted Offender of Murder and Found Her Guilty of Manslaughter
Outcome
Offender sentenced to imprisonment for manslaughter with a non-parole period of 8 years and a balance of term of 2 years and 8 months.
Legal Topics
['manslaughter' 'substantial Impairment by Abnormality of Mind' 'domestic Relationship Homicide' 'use of Intoxicating Substance' 'planned Criminal Activity' 'plea of Guilty' 'assistance to Authorities' 'remorse' 'rehabilitation' 'non Parole Period']
['criminal Law' 'sentencing'] ['manslaughter' 'substantial Impairment by Abnormality of Mind' 'domestic Relationship Homicide' 'use of Intoxicating Substance' 'planned Criminal Activity' 'plea of Guilty' 'assistance to Authorities' 'remorse' 'rehabilitation' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentence for Manslaughter / Sentence After Jury Acquitted Offender of Murder and Found Her Guilty of Manslaughter

Legal Issues

  1. 1 ['What sentence should be imposed for the manslaughter of Alois Rez after the offender was acquitted of murder on the basis of substantial impairment by abnormality of mind.' "The nature and degree of the offender's abnormality of mind and impairment of faculties under s 23A Crimes Act 1900 (NSW)." "The objective seriousness of the manslaughter, including planning, commission in company, use of sleeping tablets and killing in the victim's home." "The extent of mitigation for the offender's early plea of guilty, remorse, assistance to the Crown, youth, lack of prior convictions, mental condition, prospects of rehabilitation and separation from her children." 'Whether special circumstances justified a balance of term exceeding one third of the non-parole period.']

Ratio Decidendi

The offender's impairment by abnormality of mind was accepted as sufficient to reduce murder to manslaughter, but the sentencing judge found it was only the bare minimum required and therefore reduced culpability only modestly. The offence remained objectively very serious because the offender originated the idea of killing the deceased, planned and implemented the killing with Roff over time, drugged the deceased, facilitated Roff's entry and disposal of the body, and the killing occurred in the victim's home and in company. Allowing a combined 33% discount for the plea and assistance, and taking into account remorse, youth, lack of prior convictions, depression, hardship from separation...

Court Disposition

Offender sentenced to imprisonment for manslaughter with a non-parole period of 8 years and a balance of term of 2 years and 8 months.

Orders

  • ['For the manslaughter of Alois Rez at Dubbo on 29 July 2013 Sarah Renea Tarrant is sentenced to imprisonment for a non-parole period of 8 years to commence on 5 November 2015 and to expire on 4 November 2023 and a balance of term of 2 years and 8 months to commence on 5 November 2023 and to expire on 4 July 2026.'...