R v Parker (No 2) [2016] NSWSC 813

Supreme Court New South Wales

Medium Neutral Citation: R v Parker (No 2) [2016] NSWSC 813 Hearing dates: 27 April 2016 Date of orders: 14 June 2016 Decision date: 14 June 2016 Jurisdiction: Common Law Before: Rothman J Decision: (1) Conviction recorded;

(2) Sentence imposed of seven (7) and a half years' imprisonment, commencing 16 December 2013 and concluding 15 June 2021, with a non-parole period of four (4) years, concluding 15 December 2017. Catchwords: CRIMINAL LAW – manslaughter- cognitive disorder suffered by offender – remorse – no intention to kill or cause grievous bodily injury – otherwise, also proved substantial impairment – early plea – sentence imposed Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Bugmy v The Queen [2013] HCA 37; (2013) 249 CLR 571 R v Fernando (1992) 76 A Crim R 58 R v McNaughton [2006] NSWLR 566; 163 A Crim R 381 R v Shankley [2003] NSWCCA 253 Veen v The Queen (No 2) [1988] HCA 14; (1988) 164 CLR 465 Category: Sentence Parties: Regina (Crown) Marianne Parker (Offender) Representation: Counsel: M Pincott (Crown) E Wilson SC (Offender)

Solicitors: Office of the Director of Public Prosecutions (Crown) Aboriginal Legal Service (Offender) File Number(s): 2013/378140

REMARKS ON SENTENCE 1. HIS HONOUR: Marianne Parker was charged with the murder of her husband, Kenneth Parker, to which she pleaded not guilty of murder but guilty of manslaughter. After a trial, a jury found her not guilty of murder and in accordance with her plea, guilty of manslaughter. 2. Criminal cases that come before this Court involving an unlawful death are without exception, tragic. The victim's life has been cut short, usually violently. Some cases are particularly sad. This is one of them. Here the life and death of the victim is extremely tragic. But so too has been the life of the offender, added to which is her palpable and obvious grief and remorse at the loss of her husband.