R v Charters [2020] NSWSC 842

Supreme Court New South Wales

Medium Neutral Citation: R v Charters [2020] NSWSC 842 Hearing dates: 9 April; 26 June 2020 Decision date: 03 July 2020 Jurisdiction: Common Law Before: Ierace J Decision: The offender is sentenced to a term of imprisonment comprising a non-parole period of 2 years 9 months, and a balance of term of 2 years. The total sentence is 4 years 9 months, commencing from 19 January 2018 and expiring on 18 October 2022. The offender will become eligible for possible release on parole when the non-parole period expires on 18 October 2020. Catchwords: CRIMINAL LAW – sentence – offender originally charged with murder – jury found offender guilty of manslaughter on the basis of excessive self-defence – where offender has possible traumatic brain injury, mental illness and intellectual disability that has not been officially diagnosed – where offence below mid-range of objective seriousness – where offender had a troubled upbringing – where offender remorseful and reasonable prospects of rehabilitation Legislation Cited: Crimes Act 1900 (NSW) Crimes (Domestic and Personal Violence) Act 2007 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 Smith v R [2015] NSWCCA 193 The Queen v Olbrich (1999) 199 CLR 270; [1999] HCA 54 Category: Sentence Parties: Regina Garry Brent Charters (Offender) Representation: Counsel: L Shaw (Crown) L Rowan (Offender)