R v French [2021] NSWSC 1531

Supreme Court New South Wales

Medium Neutral Citation: R v French [2021] NSWSC 1531 Hearing dates: 5 November 2021 Date of orders: 26 November 2021 Decision date: 26 November 2021 Jurisdiction: Common Law - Criminal Before: Dhanji J Decision: The offender is convicted of the manslaughter of Cheryl Ardler and the unlawful disposal of her body. For the offence of disposal of the deceased's body, the offender is sentenced to imprisonment for 2 years and 8 months commencing from 14 February 2019 and expiring on 13 October 2021 with a non-parole period of 2 years expiring on 13 February 2021. For the offence of manslaughter, the offender is sentenced to imprisonment for 9 years commencing from 14 February 2020 and expiring on 13 February 2029 with a non-parole period of 6 years expiring on 13 February 2026. Catchwords: SENTENCING – remarks on sentence – manslaughter – unlawful and dangerous act – disposal of corpse – where offender killed his partner and concealed her body – where remains not found for five and a half years – history of personal violence offences – background of deprivation – special circumstances – plea of guilty – new count offence – limited evidence of remorse Legislation Cited: Crimes (Domestic and Personal Violence) Act 2007 (NSW), s 12 Crimes (High Risk Offenders) Act 2006 (NSW), ss 5A, 25C Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 21A, 25A, 25B, 25D Crimes Act 1900 (NSW), s 24 Cases Cited: Bentley v R; Davies v R; Thomas v R; Tilley v R [2021] NSWCCA 18 Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 Hampton v R [2014] NSWCCA 131; (2014) 243 A Crim R 193 R v Aljubouri; R v YA; R v Shaker [2019] NSWSC 180 R v Blacklidge (Court of Criminal Appeal (NSW), 12 December 1995, unrep) R v Donald William Reeves [2017] NSWSC 813 R v Doudar [2020] NSWSC 1262 R v Isaacs (1997) 41 NSWLR 374 R v MAK; R v MSK [2006] NSWCCA 381; (2006) 167 A Crim R 159 R v Merrick (No 5) [2016] NSWSC 661 R v Niass (Court of Criminal Appeal (NSW), 16 November 1988, unrep) Refaieh v R [2018] NSWCCA 72; (2018) 272 A Crim R 245 The Queen v Lavender (2005) 222 CLR 67; [2005] HCA 37 Category: Sentence Parties: Regina (Crown) Dennis Andrew French (Offender) Representation: Counsel: A Robertson (Crown) N Steel (Offender)