R v Heffernan [2005] NSWSC 739

R v Heffernan [2005] NSWSC 739

Combination of intoxication, provocation, and self-defence, though insufficient to reduce the offence to manslaughter, mitigated the objective seriousness of the murder, placing it toward the bottom of the range; 14 years imprisonment with a 10 year non-parole period was appropriate given these factors and special circumstances.

Jurisdiction
Australia
Judgment Date
29 July 2005
Procedural Posture
Criminal / Sentence
Outcome
sentence imposed
Legal Topics
['murder' 'sentencing' 'mitigating Factors' 'self Defence' 'provocation' 'intoxication']
['criminal Law'] ['murder' 'sentencing' 'mitigating Factors' 'self Defence' 'provocation' 'intoxication']

Case Brief

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentence for murder' 'Effect of self-defence, provocation, and intoxication on sentencing' 'Assessment of mitigating and aggravating factors']

Ratio Decidendi

Combination of intoxication, provocation, and self-defence, though insufficient to reduce the offence to manslaughter, mitigated the objective seriousness of the murder, placing it toward the bottom of the range; 14 years imprisonment with a 10 year non-parole period was appropriate given these factors and special circumstances.

Court Disposition

sentence imposed

Orders

  • ['Imprisonment for 14 years from 18 July 2003' 'Non-parole period of 10 years from 18 July 2003, expiring 17 July 2013']