R v NICOL [2005] NSWSC 547

New South Wales Supreme Court

CITATION : R v NICOL [2005] NSWSC 547

HEARING DATE(S) : 27 May 2005

JUDGMENT DATE : 27 May 2005

JUDGMENT OF : Hulme J at 1

DECISION : Ronald Nicol, I sentence you to imprisonment for a non-parole period of 1 year, and a balance of term also of 1 year. I suspend execution of the sentence for a period of 2 years and direct that you be released from custody on condition that you enter a good behaviour bond for a period of 2 years.; I order that the Bond I have referred to be entered into at the Court Registry.

Regina PARTIES : Ronald Nicol

FILE NUMBER(S) : SC 2004/2618

Crown: Mr J Keily SC COUNSEL : Prisoner: Ms L Flannery

Crown: S Kavanagh SOLICITORS : Prisoner: SE O'Connor

LOWER COURT JURISDICTION :

- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES CRIMINAL DIVISION

HULME J

Friday 27 May 2005 2004/2618

REGINA v Ronald NICOL REMARKS ON SENTENCE

1 HULME J: The Prisoner is 86 years old. He is substantially deaf. On 9 April 2004 he killed his wife, to whom he had been married for 63 years. He was originally charged with murder but an indictment was presented in this Court charging him with manslaughter. To that charge he has pleaded guilty. The basis for charge is that, in the terms of s23A of the Crimes Act, at the time of the events leading to the deceased's death the Prisoner's "capacity to understand events, or to judge whether (his) actions were right or wrong or to control himself … was substantially impaired by an abnormality of mind arising from an underlying condition, and the impairment was so substantial as to warrant liability for murder being reduced to manslaughter". There is a deal of psychiatric evidence supporting that conclusion and, in the circumstances of this case, I approach the matter upon the basis indicated. 2 There is a wealth of evidence, and none to the contrary, that right up until Mrs Nicol's death the marriage was happy and both persons were devoted to one another. There is equally no doubt that the ravages to health which old age commonly inflicts had affected them both. In consequence of problems with circulation, Mrs Nicol had in late 1999 the front half of her foot amputated. Infection and gangrene occurred and one leg was amputated just above the knee. She had difficulty in adjusting to a prosthetic limb, difficulties which never seemed to have been fully resolved. In the months before her death she had a number of bad falls causing substantial bruising to her face and body. There seem to have been other problems for she took a deal of medication.