R v BUTCHER [2000] NSWSC 92

R v BUTCHER [2000] NSWSC 92

That the prisoner intended to do serious injury is the only reasonable inference from his conduct and statements; none of his later statements raises reasonable doubt as to his intention. Sentence proceeds on basis of provocation, genuine remorse, and special circumstances related to his depression.

Jurisdiction
Australia
Judgment Date
25 February 2000
Procedural Posture
Criminal / Sentencing Judgment
Outcome
conviction and sentence for manslaughter under provocation
Legal Topics
['sentencing' 'provocation Manslaughter']
['criminal Law'] ['sentencing' 'provocation Manslaughter']

Case Brief

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Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 ['Whether the accused intended to do the deceased really serious injury when he discharged the shotgun.' "Whether the Court can accept the accused's claim that he only intended to frighten the deceased." 'Appropriate sentence based on provocation.']

Ratio Decidendi

That the prisoner intended to do serious injury is the only reasonable inference from his conduct and statements; none of his later statements raises reasonable doubt as to his intention. Sentence proceeds on basis of provocation, genuine remorse, and special circumstances related to his depression.

Court Disposition

conviction and sentence for manslaughter under provocation

Orders

  • ['Sentence of four years and six months penal servitude, comprising minimum term of two years and six months (23 February 2000 to 22 August 2002) and additional term of two years (23 August 2002 to 22 August 2004). Eligible for parole on 23 August 2002.' 'Recommendation for psychiatric examination as soon as...