R v Mouawad [2020] NSWDC 616

District Court New South Wales

Medium Neutral Citation: R v Mouawad [2020] NSWDC 616 Hearing dates: 2 September 2020 Decision date: 16 October 2020 Jurisdiction: Criminal Before: O'Brien AM DCJ Decision: Non-parole period of 6 years imprisonment and a total term of 9 years imprisonment. See orders [60]. Catchwords: SENTENCING – Reasons for judgment – offender lost capacity to control himself and killed his mother – plea of guilty to manslaughter due to substantial impairment by an abnormality of mind arising from an underlying condition – bipolar affective disorder – general principles in regards to sentencing for manslaughter – sentencing of mentally ill offenders – domestic violence – long history of mental illness and non-compliance with medication – level of mental impairment and its effect on culpability beyond that necessary to make out the partial defence of substantial impairment by abnormality of mind – utility of comparable cases and statistics. Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Alexander Freeburn v The Queen (No 2) [2020] VSCA 176 Aslan v R [2014] NSWCCA 114 Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194 DPP v Yucel [2019] VSCA 53 Hili v The Queen (2010) 242 CLR 520 R v Blacklidge (unrep, 12/12/95, NSWCCA) R v Dawes [2004] NSWCCA 363 R v Green [1999] NSWCCA 97 R v MD (2005) 156 A Crim R 372 R v Tepania [2018] NSWCCA 247 R v Vongsouvanh [2004] NSWCCA 158 R v Warwick (No.94) [2020] NSWSC 1168 R v Wood [2014] NSWCCA 184 Veen v The Queen (No 2) (1988) 164 CLR 465 Category: Sentence Parties: Boutros Mouawad (the offender) Director of Public Prosecutions Representation: Counsel: Mr N Steel, Public Defender (for the offender) Mr D Scully, Deputy Senior Crown Prosecutor (for Director of Public Prosecutions)