R v Warren Scott (No 3) [2021] NSWSC 1646

Supreme Court New South Wales

Medium Neutral Citation: R v Warren Scott (No 3) [2021] NSWSC 1646 Hearing dates: 7 December 2021 Date of orders: 15 December 2021 Decision date: 15 December 2021 Jurisdiction: Common Law Before: N Adams J Decision: For the offence of manslaughter I sentence you to imprisonment for 9 years to commence on 4 June 2019 and to expire on 3 June 2028 with a non-parole period of 6 years. You will become eligible for parole on 3 June 2025. Catchwords: SENTENCING – remarks on sentence – manslaughter – substantial impairment – unprovoked stabbing attack on victim – where offender had been diagnosed with schizophrenia but continued to consume alcohol and was non-compliant with medication – where offender diagnosed with mild intellectual disability and chronic alcoholism – assessment of moral culpability where offender refused interventions for alcohol consumption – offence committed while on ICO for assault while intoxicated – plea of guilty – some evidence of remorse – guarded prospects of rehabilitation Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW), s 25C Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 22A, 25E, 44(2), 47(3) Crimes Act 1900 (NSW), ss 23A, 24 Cases Cited: 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 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 Paterson v R [2021] NSWCCA 273 R v Antaky [2007] NSWSC 1047 R v Forbes [2005] NSWCCA 377; (2005) 160 A Crim R 1 R v Kenneth Noel White [2009] NSWSC 809 R v Parker (No 2) [2016] NSWSC 813 R v Potts [2001] NSWSC 753 R v Tikaram [2016] NSWSC 1716 R v Warren Scott (No 2) [2021] NSWSC 1201 R v Warren Scott [2021] NSWSC 1004 The Queen v Lavender (2005) 222 CLR 67; [2005] HCA 37 Category: Sentence Parties: Regina (Crown) Warren Anthony Scott (Offender) Representation: Counsel: Ms N Keay (Crown) Ms M Avenell (Offender)