R v Worrall [2010] NSWSC 593

New South Wales Supreme Court

CITATION : R v Worrall [2010] NSWSC 593

HEARING DATE(S) : 26 March 2010

JUDGMENT DATE : 4 June 2010

JUDGMENT OF : Fullerton J

DECISION : I sentence you to imprisonment for a non-parole period of 4 years and 3 months commencing on 10 October 2008 and expiring on 9 January 2013 and a balance of term of 1 year and 9 months expiring on 9 October 2014.

CATCHWORDS : CRIMINAL LAW - sentence - manslaughter - abnormality of mind - congenital adrenal hyperplasia - non-compliance with medication

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

CATEGORY : Sentence

CASES CITED : YS v R [2010] NSWCCA 98

PARTIES : The Crown Kathleen Worrall (Offender)

FILE NUMBER(S) : SC 2009/8784

COUNSEL : P Barrett (Crown) J Stratton SC (Offender)

SOLICITORS : Director of Public Prosecutions (Crown) Legal Aid Commission (Offender)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

FULLERTON J

4 JUNE 2010

2009/8784 R v KATHLEEN WORRALL

JUDGMENT 1 HER HONOUR: On 4 December 2009 the Crown presented an indictment charging the offender, Kathleen Worrall, with the murder of her sister Susan Worrall. Her sister died on the morning of 10 October 2008 within a short time of suffering multiple stab wounds to her neck and back in their family home at Strathfield. 2 On arraignment the offender pleaded guilty to manslaughter on the basis that her liability for the murder of her sister was reduced by reason of an abnormality of mind, namely a mood disorder associated with her non-compliance with medication prescribed for the treatment of her underlying medical condition, namely congenital adrenal hyperplasia, as provided for in s 23A of the Crimes (Sentencing Procedure) Act 1999 ("the Sentencing Act"). The Crown accepted the offender's plea of guilty in full satisfaction of the indictment. The offender has been in custody since the date of the offence.