R v Eckersley [2021] NSWSC 562

Supreme Court New South Wales

Medium Neutral Citation: R v Eckersley [2021] NSWSC 562 Hearing dates: 6-29 April 2021, 30 April 2021, and written submissions Date of orders: 20 May 2021 Decision date: 20 May 2021 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) Pursuant to section 8(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW), you are placed on a Community Correction Order for a period of 2 years commencing today, 20 May 2021. (2) Pursuant to s 88(1) of the Crimes (Sentencing Procedure) Act 1999, the following standard conditions apply for the duration of the order: (a) you must not commit any offence; and (b) you must appear before the court if called upon to do so at any time during the term of the Community Correction Order. (3) Pursuant to s 89(1) of the Crimes (Sentencing Procedure) Act 1999, I impose the following additional condition which applies for the duration of the order, namely a treatment condition requiring you to receive treatment for your mental health problems as outlined in the report of Ms Emily Kwok dated 8 February 2021. (4) I direct that you not leave the Court precinct prior to signing this Order at the Registry. (5) I direct that you notify the Supreme Court Registry should you change your address during the period of this Order. Catchwords: CRIME – sentencing – verdict of manslaughter following trial – offender administered pentobarbitone to her 92 year old mother – jury verdict consistent with manslaughter by unlawful and dangerous act or substantial impairment – found offender intended to kill – offender substantially impaired – mentally ill offender – whether s 5(1) of Crimes (Sentencing Procedure) Act 1999 satisfied – non custodial sentence imposed Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017 Crimes (High Risk Offenders) Act 2006 Cases Cited: Barbieri v R [2016] NSWCCA 295 Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 Justins v Regina [2010] NSWCCA 242 Le v Regina [2019] NSWCCA 181 Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 R v Blacklidge (Court of Criminal Appeal (NSW), Gleeson CJ, 12 December 1995, unrep) R v Blake Davis [2021] NSWSC 235 R v Dowdle [2018] NSWSC 240 R v Israil [2002] NSWCCA 255 R v Jans [2000] NSWSC 525 R v Justins [2008] NSWSC 1194 R v Mathers [2011] NSWSC 339 R v MB [2017] NSWSC 619 R v Olbrich (1999) 199 CLR 270; [1999] HCA 54 R v Quinn (No 2) [2016] NSWSC 1244 R v Shirley Justins [2011] NSWSC 568 R v Sutton [2007] NSWSC 295 R v Yousef (District Court, 8 November 2019, unrep) Category: Sentence Parties: Regina (Crown) Barbara Eckersley (Offender) Representation: Counsel: P Kerr (Crown) K Ginges (Offender)