R v Floyd Leslie DOWLEY [2009] NSWSC 722

New South Wales Supreme Court

CITATION : R v Floyd Leslie DOWLEY [2009] NSWSC 722

HEARING DATE(S) : 27 March 2009, 22 May 2009

JUDGMENT DATE : 30 July 2009

JUDGMENT OF : Hidden J

DECISION : Manslaughter: Imprisonment for 11 years, NPP 7 years, from 24 .11.07. (Deemed) larceny of motor vehicle: FT 12 months from 24.11.07.

CATCHWORDS : CRIMINAL LAW: - manslaughter - plea of guilty - killing by stabbing of de facto partner - substantial impairment - drug abuse

Crimes Act 1900 LEGISLATION CITED : Criminal Procedure Act 1986 Mental Health (Criminal Procedure) Act 1990 Crimes (Sentencing Procedure) Act 1999

CATEGORY : Principal judgment

PARTIES : REGINA (Crown) Floyd Leslie DOWLEY (Offender)

FILE NUMBER(S) : SC 2008/13851

COUNSEL : P Ingram (Crown) P Pearsall (Offender)

SOLICITORS : S Kavanagh (Solicitor for Public Prosecutions) (Crown) S O'Connor (Legal Aid Commission) (Offender)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

HIDDEN J

Thursday 30 July 2009

2008/13851 Floyd Leslie DOWLEY

REMARKS ON SENTENCE 1 HIS HONOUR: The offender, Floyd Leslie Dowley, has pleaded guilty to the manslaughter of his partner, Susan Knott, at Berkeley on 24 November 2007. That plea was accepted by the Crown in satisfaction of an indictment for murder. The basis of the plea is substantial impairment by abnormality of mind: s 23A of the Crimes Act 1900. He stands for sentence for that offence. I am also asked to deal with a related offence of deemed larceny of a motor vehicle on a certificate under s 166 of the Criminal Procedure Act 1986. This arises from his taking and driving a vehicle, also at Berkeley, without the consent of its owner: s 154A(1) of the Crimes Act.