R v Recalde [2000] NSWSC 1247

R v Recalde [2000] NSWSC 1247

The prisoner was sentenced on the basis of his sworn statement of facts, with the Crown accepting a plea of guilty to manslaughter. Aggravating circumstances included failure to seek medical attention and committing the offence while affected by drugs. Special circumstances were found by reason of youth, drug addiction, strict protection custody, and need for supervision. A discount for the guilty plea was applied, but not to the extent argued by the prisoner.

Jurisdiction
Australia
Judgment Date
20 December 2000
Procedural Posture
Criminal / Sentencing
Outcome
sentence to imprisonment
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 of a child' 'Assessment of aggravating and mitigating circumstances' 'Credit for guilty plea and pre-sentence custody' 'Application of special circumstances under sentencing legislation']

Ratio Decidendi

The prisoner was sentenced on the basis of his sworn statement of facts, with the Crown accepting a plea of guilty to manslaughter. Aggravating circumstances included failure to seek medical attention and committing the offence while affected by drugs. Special circumstances were found by reason of youth, drug addiction, strict protection custody, and need for supervision. A discount for the guilty plea was applied, but not to the extent argued by the prisoner.

Court Disposition

sentence to imprisonment

Orders

  • ['Imprisonment for 9 years commencing 19 June 2000' 'Non-parole period of 6 years commencing 19 June 2000, expiring 18 June 2006']