REGINA v STEVENS [2008] NSWSC 1370

New South Wales Supreme Court

CITATION : REGINA v STEVENS [2008] NSWSC 1370

HEARING DATE(S) : Tuesday 7 October 2008, Friday 5 December 2008

JUDGMENT DATE : 18 December 2008

JURISDICTION : Criminal

JUDGMENT OF : Hall J at 1

DECISION : I sentence the offender to a term of imprisonment with a non-parole period of six years and seven months to commence on 24 February 2007 and to expire on 23 September 2013 and to a balance of term of two year and two months to commence on 24 September 2013 and to expire on 23 November 2015. The earliest date upon which the offender will become eligible for release on parole will be 23 September 2013.

CATCHWORDS : CRIMINAL LAW – SENTENCING – manslaughter by reason of provocation – sentencing after plea of guilty with discount of 20 per cent – domestic relationship between offender and deceased – assessment of gravity of offence – reasonably low level of provocation in the form of deceased's drug abuse and neglect of parental duties and admissions of infidelity by deceased – extremely high level of violence inflicted – offender under the influence of excessive amount of prescribed medication on day of offence – limited evidence of prospects of rehabilitation

LEGISLATION CITED : Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999

CATEGORY : Principal judgment

Regina v Alexander (1994) 78 A Crim R 141 Regina v Blacklidge (NSW Court of Criminal Appeal, unreported 12 December 1995) Regina v Dodd (1991) 57 A Crim R 349 Regina v Fernando (1997) 95 A Crim R 533 Regina v Henry (1999) 46 NSWLR 446 at 381 Regina v Hill (1981) 3 A Crim R 397 CASES CITED : Regina v KMB [2005] NSWCCA 185 Regina v Previtera (1997) 94 A Crim R 76 at 86 Regina v Spiero (1979) 22 SASR 543 Regina v Thomson & Houlton [2000] NSWCCA 309 Regina v Wickham [2004] NSWCCA 193 Regina v Williams [2005] NSWCCA 99 Veen v The Queen (No 2) (1988) 164 CLR 465