R v Gilson (No 3) [2017] NSWSC 1670

Supreme Court New South Wales

Medium Neutral Citation: R v Gilson (No 3) [2017] NSWSC 1670 Hearing dates: 29 November 2017 Decision date: 01 December 2017 Jurisdiction: Common Law - Criminal Before: Button J Decision: Convicted of manslaughter. Head sentence of imprisonment for eight years, with a non-parole period of five years, to date from 21 November 2014. Catchwords: SENTENCE – manslaughter – offender found not guilty of murder but guilty of manslaughter after trial by jury – need for findings of fact to be consistent with the verdict of jury – manslaughter by excessive self-defence – intention to inflict grievous bodily harm at the time of fatal act – pre-existing intention to harm the deceased – otherwise unblemished character of offender – psychological problems arising from child sexual assault – instinctive synthesis of countervailing factors – sentence imposed Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), s 21A(3)(i) Cases Cited: R v Ellis (1986) 6 NSWLR 603 R v Johnson (No 5) [2017] NSWSC 1169 R v Manevski (No 2) [2016] NSWSC 1465 R v Previtera (1997) 94 A Crim R 76 Regina v Oinonen [1999] NSWCCA 310 The Queen v De Simoni (1981) 147 CLR 383; [1981] HCA 31 Category: Sentence Parties: Regina Trudy Jane Gilson (Accused) Representation: Counsel: R Herps (Crown) P McGrath SC (Accused)

Solicitors: Office of the Director of Public Prosecutions (Crown) Legal Aid (Accused) File Number(s): 2014/00344391 Publication restriction: Nil