Regina v Partington [2006] NSWSC 442

Regina v Partington [2006] NSWSC 442

The offender is sentenced for manslaughter because the jury rejected his version and found him guilty of unprovoked, alcohol-fueled aggression causing the victim's death; there are significant aggravating factors relating to his prior record and conditional liberty and limited mitigating factors concerning his personal circumstances and high intoxication, setting a total sentence of 13 years with a non-parole period of 8 years.

Jurisdiction
Australia
Judgment Date
16 May 2006
Procedural Posture
Criminal / Sentencing
Outcome
Offender sentenced to total term of 13 years imprisonment for manslaughter with a non-parole period of 8 years.
Legal Topics
['sentencing' 'manslaughter']
['criminal Law'] ['sentencing' 'manslaughter']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for manslaughter' 'Assessment of aggravating and mitigating factors per s21A Crimes (Sentencing Procedure) Act 1999']

Ratio Decidendi

The offender is sentenced for manslaughter because the jury rejected his version and found him guilty of unprovoked, alcohol-fueled aggression causing the victim's death; there are significant aggravating factors relating to his prior record and conditional liberty and limited mitigating factors concerning his personal circumstances and high intoxication, setting a total sentence of 13 years with a non-parole period of 8 years.

Court Disposition

Offender sentenced to total term of 13 years imprisonment for manslaughter with a non-parole period of 8 years.

Orders

  • ['A non-parole period of 8 years to commence on 27 August 2004 and to expire on 26 August 2012.' 'Balance of the term of imprisonment to be 5 years, expiring on 26 August 2017.' 'Total sentence of thirteen years.']