R v Salcedo [2014] NSWSC 1099

Supreme Court New South Wales

Medium Neutral Citation: R v Salcedo [2014] NSWSC 1099 Hearing dates: 28 - 29 April, 1 - 8 May and 20 June 2014 Decision date: 15 August 2014 Jurisdiction: Common Law Before: Adams J Decision: Mr Salcedo is sentenced to a total term of 4 years imprisonment commencing on 17 March 2013, comprising a non-parole period of 2 years ending on 16 March 2015 and a balance of term of 2 years commencing on 17 March 2015 and ending on 16 March 2017 Catchwords: CRIMINAL LAW - sentencing - manslaughter by unlawful and dangerous act - within lowest range of culpability - impact of offender's psychiatric condition - effect of drugs ingested by deceased - discount for offer of plea before trial Category: Sentence Parties: Regina (Crown) Dakohta Salcedo (Offender) Representation: Counsel: P McGrath (Crown) P Young SC (Offender) Solicitors: Director of Public Prosecutions (Crown) Blair Criminal Lawyers (Offender) File Number(s): 2013/68774

Headnote (not to be read as part of the judgment) Dakhota Salcedo has been sentenced to imprisonment for four years with a non-parole period of two years for the manslaughter of Holly Francis-Burroughs in the early hours of the morning on 7 June 2012. The jury convicted him of manslaughter having acquitted him of murder. The unusual circumstances made this one of the least culpable cases of manslaughter in the judge's experience. Having happily spent the evening together, Ms Francis-Burroughs attempted to stop Mr Salcedo from going home. He grabbed the scarf she was wearing around her neck and pulled and twisted it for a few seconds when she suddenly fell to the ground. The cause of death was not strangulation but the blockage of the blood vessels in the neck. Although the scarf had been pulled more tightly than a tight shirt collar, not enough force was used to cause bruising or any other injury. Ms Francis-Burroughs was a long-term heavy drug user, mainly of amphetamines, and had been seen by a neighbour taking this drug before Mr Salcedo arrived. At the time of her death she a toxic quantity of amphetamines was found in her blood. It was highly probable that the drugs contributed to her death because of its effect on the heart and that, had not the drugs been present, she would not have died. Whilst in custody Mr Salcedo, who was 24 years of age at the time of the offence, was examined by a psychiatrist who concluded that he was probably suffering from schizophrenia throughout 2012. This factor probably contributed to the poor judgment displayed by Mr Salcedo in twisting the scarf around Ms Francis-Burroughs' neck and leaving the scene without calling the police or ambulance. The judge found that Mr Salcedo did not intend to cause Ms Francis-Burroughs any harm but was simply attempting to leave, although his response was unnecessarily violent and constituted an assault. His Honour also found that Mr Salcedo was remorseful for his actions. Since he had offered to plead guilty to manslaughter well before trial, the law provided that the sentence which otherwise should have been imposed was to be reduced by 15%.