R v KORHONEN [1999] NSWSC 933

R v KORHONEN [1999] NSWSC 933

Given the extremely abnormal and deprived upbringing of the prisoner, the establishment of both provocation and diminished responsibility, his youth and significant prospects of rehabilitation, and superior rehabilitation prospects with Youth Off the Streets, a custodial sentence is not required despite the seriousness of manslaughter. The prisoner should be released on a recognisance with conditions of supervision and participation in rehabilitative programs.

Jurisdiction
Australia
Judgment Date
01 October 1999
Procedural Posture
Criminal / Sentencing After Conviction for Manslaughter Following Trial on Murder Charge
Outcome
Released on recognisance, sentence deferred under section 558 of the Crimes Act 1900
Legal Topics
['sentencing' 'manslaughter' 'provocation' 'diminished Responsibility' 'recognisance']
['criminal Law'] ['sentencing' 'manslaughter' 'provocation' 'diminished Responsibility' 'recognisance']

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Procedural Posture

Criminal / Sentencing After Conviction for Manslaughter Following Trial on Murder Charge

Legal Issues

  1. 1 ['Whether the offender acted under provocation within the meaning of s23 of the Crimes Act 1900' 'Whether diminished responsibility was established under s23A of the Crimes Act 1900 (as in force at the time)' 'Appropriate sentence for manslaughter in exceptional circumstances involving youth and significant deprivation']

Ratio Decidendi

Given the extremely abnormal and deprived upbringing of the prisoner, the establishment of both provocation and diminished responsibility, his youth and significant prospects of rehabilitation, and superior rehabilitation prospects with Youth Off the Streets, a custodial sentence is not required despite the seriousness of manslaughter. The prisoner should be released on a recognisance with conditions of supervision and participation in rehabilitative programs.

Court Disposition

Released on recognisance, sentence deferred under section 558 of the Crimes Act 1900

Orders

  • ['Prisoner released on recognisance, without surety, in the amount of $500, for 4 years, with conditions: (1) good behaviour; (2) not partake of illegal drugs; (3) not partake of alcohol for 12 months; (4) reside only at places approved by Father Riley or Director of YOTS; (5) participate in programmes as directed...