NSW Caselaw
New South Wales Supreme Court
CITATION : R v Dusan MARIC [2009] NSWSC 346
HEARING DATE(S) : 30 March 2009
JUDGMENT DATE : 1 May 2009
JUDGMENT OF : Harrison J
DECISION : Term of imprisonment consisting of a non-parole period of 5 years commencing on 2 November 2007 and expiring on 1 November 2012, with a balance of term of 2 years and 6 months commencing on 2 November 2012 and expiring on 1 May 2015. The earliest date of eligibility for parole is specified as 1 November 2012.
CATCHWORDS : CRIMINAL LAW – manslaughter – Crimes Act 1900 s 23A - substantial impairment by abnormality of mind arising from an underlying condition – severe depression resulting in offender's morbid appraisal of circumstances and impairment in problem solving and capacity to consider alternative courses of action - impaired ability to control himself at the time of the alleged offence - plea of guilty - sentence – prior good character - no likelihood of reoffending and no suggestion of future dangerousness – evident contrition and remorse
LEGISLATION CITED : Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
CATEGORY : Sentence
R v Blacklidge (Court of Criminal Appeal, 12 December 1995, unreported) R v Bollen (1998) 99 A Crim R 510 R v Dawes [2004] NSWCCA 363 R v Engert (1995) 84 A Crim R 67 CASES CITED : R v Low (1991) 57 A Crim R 8 R v Previtera (1997) 94 A Crim R 76 R v Privett [1999] NSWSC 1076 R v Thomson & Houlton [2000] NSWCCA 309; (2000) 49 NSWLR 383 R v Trotter (1993) 35 NSWLR 428 R v Wright (1997) 93 A Crim R 48
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