R v Srsa [2021] NSWSC 924

Supreme Court New South Wales

Medium Neutral Citation: R v Srsa [2021] NSWSC 924 Hearing dates: 19 March 2021 Decision date: 30 July 2021 Jurisdiction: Common Law Before: Ierace J Decision: The offender is sentenced to a term of imprisonment for a period of 7 years and 10 months, commencing on 10 October 2018 and expiring on 9 August 2026, with a non-parole period of 5 years. The offender will become eligible for release to parole when the non-parole period expires on 9 October 2023. Catchwords: SENTENCING – Manslaughter – Substantial impairment – Where offender and deceased in domestic relationship – Where offender had history of being in abusive relationships – Where offender diagnosed with alcohol use disorder – Where offender diagnosed with complex post-traumatic stress disorder – Where offender and deceased intoxicated at time of offence – Whether degree of impairment was more than what was required to activate partial defence of substantial impairment SENTENCING – Manslaughter – Substantial impairment – Where offender pursued deceased with knife – Where offender called emergency services immediately after offence – Where offender could not remember the act – Whether offender had intention to kill given she could not remember the act – Whether intention to kill established from offender's call to emergency services SENTENCING – Manslaughter – Substantial impairment – Where deceased accused offender of being unfaithful – Where deceased withdrew money from offender's bank account – Where deceased graffitied local pub toilets and offender's furniture – Where graffiti derogatory in nature – Whether deceased's actions constituted provocation Legislation Cited: Crimes (Domestic and Personal Violence) Act 2007 (NSW), ss 4, 11 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 4A, 5, 21A, 25, 30E, 44 Crimes Act 1900 (NSW), ss 18, 23A Cases Cited: Catley v R [2014] NSWCCA 249 Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 R v Barbieri [2014] NSWSC 1808 R v Cahill (No 4) [2018] NSWSC 1896 R v Olbrich (1998) 45 NSWLR 538 Tepania v The Queen (2018) 275 A Crim R 233; [2018] NSWCCA 247 Ukropina v R [2016] NSWCCA 277 Ward v The Queen (2006) 166 A Crim R 273; [2006] NSWCCA 321 Category: Sentence Parties: Regina Lisa Srsa Representation: Counsel: Mr C Taylor (Crown) Mr N Steel (Offender)