R v Tikaram [2016] NSWSC 1716

Supreme Court New South Wales

Medium Neutral Citation: R v Tikaram [2016] NSWSC 1716 Hearing dates: 25 November 2016 Date of orders: 13 December 2016 Decision date: 13 December 2016 Jurisdiction: Common Law Before: Harrison J Decision: Sentenced to imprisonment for 6 years commencing on 23 December 2014 expiring on 22 December 2020 with a non-parole period of 3 years expiring on 22 December 2017. Catchwords: CRIMINAL LAW – manslaughter – sentence – substantial impairment Legislation Cited: Crimes (High Risk Offenders) Act 2006 Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Cases Cited: R v Blacklidge (unrep, 12 December 1995, NSWCCA) R v Engert (1995) 84 A Crim R 67 R v Green [1999] NSWCCA 97 Category: Sentence Parties: Regina (Crown) Jay Tikaram (Offender) Representation: Counsel: T Thorpe (Crown) R Keller (Offender)

Solicitors: Solicitor for Public Prosecutions (Crown) Murphy Lyons Lawyers (Offender) File Number(s): 2014/377588 Publication restriction: Nil

REMARKS ON SENTENCE 1. HIS HONOUR: Mr Tikaram stands to be sentenced for the manslaughter of his father Ajay Tikaram at Pemulwuy on 23 December 2014. He was originally charged with murder. Subsequent medical opinion demonstrated that Mr Tikaram was a person whose actions at the time of the commission of the act causing death fell within s 23A (1) of the Crimes Act 1900. That sub-section provides as follows: 23A Substantial impairment by abnormality of mind (1) A person who would otherwise be guilty of murder is not to be convicted of murder if: (a) at the time of the acts or omissions causing the death concerned, the person's capacity to understand events, or to judge whether the person's actions were right or wrong, or to control himself or herself, was substantially impaired by an abnormality of mind arising from an underlying condition, and (b) the impairment was so substantial as to warrant liability for murder being reduced to manslaughter. 1. The Crown ultimately accepted Mr Tikaram's plea of guilty to manslaughter having regard to his mental condition in the following particular circumstances of this case.