Regina v Scott [2003] NSWSC 627

New South Wales Supreme Court

CITATION : Regina v Scott [2003] NSWSC 627 HEARING DATE(S) : 07/07/03, 08/07/03, 09/07/03 JUDGMENT DATE : 10 July 2003

JUDGMENT OF : Whealy J at 1 DECISION : Sentence you to a term of 5 years imprisonment. I set a non-parole period of 2 years 6 months, which is to commence on 8 June 2002 and is to expire on 7 December 2004. The offender is to be eligible to parole on 7 December 2004. I recommend that during her time in prison, the offender should be provided with ongoing psychiatric assessment and treatment and she should receive counselling for alcohol abuse if that faclity continues to be available. The conditioons of parole are to include conditions as to supervision required by her depression and alcohol dependency; and as to counselling to promote her recovery from alcohol dependency.

CATCHWORDS : Plea to Manslaughter - Alcoholic - Excessive self defence LEGISLATION CITED : Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Regine v Previtera (1997) 94 ACR 76 Bollen v Regina (1998) 99 ACR 510 Regina v McDonald (NSWCCA unreported 12 December 1995) CASES CITED : Regina v Hill (1981) 3 A CrimR 397 at 402 per Street CJ Regina v Cameron (2002) 187 ALR 65 Regina v Woolsley (NSWSC unreported 19 August 1993 per Newman J) Regina v Yeoman [2003] NSWSC 194 per Buddin J PARTIES : Regina v Cheryl Ann Scott FILE NUMBER(S) : SC 70092/02 COUNSEL : Mr L. Gray - Crown Mr T. Healey; Ms Gibbons - Offender SOLICITORS : Office of the Solicitor for Public Prosecutions, Wollongong - Crown Roach & Halligan - Offender