R v Flame (No 4) [2020] NSWSC 1826

Supreme Court New South Wales

Medium Neutral Citation: R v Flame (No 4) [2020] NSWSC 1826 Hearing dates: 8 December 2020 Decision date: 16 December 2020 Jurisdiction: Common Law Before: Button J Decision: (1) Convicted of the offence of manslaughter. (2) I sentence you to a non-parole period of 5 years 6 months, to date from 4 November 2018, and expire on 3 May 2024. (3) That will be followed by a parole period of 2 years 6 months, to date from 3 May 2024, and expire on 3 November 2026. (4) To express my sentence another way, I have imposed a head sentence of imprisonment for 8 years, with a non-parole period of 5 years 6 months, with a full backdate. (5) If the plea of guilty to manslaughter had not been offered, I would have imposed a head sentence of imprisonment for 11 years. (6) The first date upon which it appears that the offender may be considered for possible release to parole is 3 May 2024. Catchwords: CRIMINAL LAW – sentence – verdict of guilty of manslaughter after trial by jury of count of murder – brutal killing of defenceless victim – defence of mental illness not established – MDMA use triggered psychotic state of offender – offender perceived the deceased to be demonic or a demon – vulnerability to developing schizophrenia – diagnosis of schizophrenia subsequent to the offence – offer to plead guilty to manslaughter – young offender – unblemished character – genuine remorse – special circumstances – sentence imposed Category: Sentence Parties: Regina (Crown) Mathew Flame (Offender) Representation: Counsel: G Christofi (Crown) J Stratton SC and T O'Rourke (Offender)