R v MATHERS [2011] NSWSC 339

Supreme Court New South Wales

Medium Neutral Citation: R v MATHERS [2011] NSWSC 339 Hearing dates: 11, 21 April 2011 Decision date: 28 April 2011 Jurisdiction: Common Law - Criminal Before: Hall J Decision: Imprisonment for a term of 2 years. In order to allow for the period of 20 days already served in custody, such sentence is taken to have commenced on 8 April 2011 and to expire on 7 April 2013. I suspend execution of the sentence as from today and direct that you be released from custody on condition that you enter into a bond for the operative remaining period of the 2 year sentence. The bond will contain the following conditions:- (1) That the offender appear before the Court, if called on to do so, at any time during the term of the bond. (2) That he be of good behaviour. (3) That he inform the Registrar of this Court of any change in residential address. Catchwords: MANSLAUGHTER - sentencing offender on basis of substantial impairment - offender assisted his deceased partner to commit suicide - ingestion of amitriptyline tablets and final act of suffocation - deceased had been partner of offender in a loving relationship of 22 years - deceased had suffered pain arising from spinal condition - expressed her wish to die as expressed in suicide note - offender's participation would not have been discovered or established were it nor for offender's disclosures to police- medical evidence established offender suffered a depressive illness/adjustment disorder arising from an underlying condition within meaning of s.23A of the Crimes Act 1900 - sentencing considerations - only motive was to assist deceased in carrying out her express intention - no lengthy period of planning or premeditation - culpability at low end of range of sentences for the offence of manslaughter - leniency extended for offender's disclosures and confession of guilt and for plea of guilty - term of imprisonment of 2 years - suspended sentence - allowance made for time spent in custody of 20 days. Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: AB v R (1999) 198 CLR 111 Douar v R (2005) 159 A Crim R 154 R v Assaad [2009] NSWCCA 182 R v Blacklidge (NSWCCA, unreported, 12 December 1995) R v Byrne [1960] 2 QB 396 R v Dally (2000) 115 A Crim R 582 R v Ellis (1986) NSWLR 603 R v Hill (1981) 3 A Crim R 397 R v Zamagias [2002] NSWCCA 17 Ryan v R (2001) 206 CLR 267 Category: Sentence Parties: REGINA v David Scott MATHERS Representation: Counsel: C: R Hobart SC O: A Bellanto QC/H White Solicitors: C: S Kavanagh O: Acclaim Legal File Number(s): 2009/53492