R v Butler [2012] NSWSC 1227

Supreme Court New South Wales

Medium Neutral Citation: R v Butler [2012] NSWSC 1227 Hearing dates: 20 September 2012 Decision date: 11 October 2012 Jurisdiction: Common Law - Criminal Before: Button J Decision: The offender is convicted of the offence of manslaughter. I sentence her to a non-parole period of 4 years 6 months to date from 31 July 2010 and expire on 30 January 2015. I impose a parole period of 2 years 6 months, to date from 31 January 2015 and expire on 30 July 2017. Catchwords: CRIMINAL LAW - sentence - manslaughter - provocation Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Cases Cited: Forrest v R [2009] NSWCCA 11 Goundar v R [2012] NSWCCA 87 R v Alexander (1994) 78 A Crim R 141 R v Oinonen [1999] NSWCCA 310 R v Previtera (1997) 94 A Crim R 76 R v Won [2012] NSWSC 855 Singh v R [2012] NSWSC 637 The Queen v Olbrich [1999] HCA 54; (1999) 199 CLR 270 Veen v The Queen (No 2) [1988] HCA 14; (1988) 164 CLR 465 Category: Sentence Parties: Regina Patricia Mary BUTLER Representation: S Herbert (Regina) D Yehia SC (offender) Solicitor for Public Prosecutions (Regina) Legal Aid NSW (offender) File Number(s): 2010/254934

Judgment

Introduction 1On 4 September 2012, Patricia Mary Butler (to whom I shall usually refer as "the offender" in these remarks) was arraigned on an indictment containing two counts. The first alleged that on 31 July 2010 she murdered Brendan Potter (to whom I shall usually refer as "the deceased"). An alternative count of having committed the manslaughter of the same person was contained in the indictment. The offender pleaded not guilty to the count of murder but guilty to the count of manslaughter. The Crown accepted the latter plea in full discharge of the indictment, on the basis that the Crown could not disprove beyond reasonable doubt the partial defence of provocation. As a result of that process, the offender comes before Court today to be sentenced for the offence of manslaughter.