R v Chapman [2018] NSWSC 1741

Supreme Court New South Wales

Medium Neutral Citation: R v Chapman [2018] NSWSC 1741 Hearing dates: 2 November 2018 Date of orders: 16 November 2018 Decision date: 16 November 2018 Before: Harrison J Decision: Sentenced to a term of imprisonment of 6 years consisting of a non-parole period of 3 years commencing on 2 October 2016 and expiring on 1 October 2019 with a balance of term of 3 years expiring on 1 October 2022 Catchwords: CRIMINAL LAW – sentence – manslaughter by unlawful and dangerous act – where mental illness – where low end of moral culpability and objective seriousness – where contrition and remorse – where early guilty plea – where special circumstances Cases Cited: Aslan v R [2014] NSWCCA 114 Director of Public Prosecutions v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 R v Simpson (2001) 53 NSWLR 704; [2001] NSWCCA 534 R v Van Xuan Nguyen [2005] NSWSC 600 Category: Sentence Parties: Regina (Crown) Daniel Chapman (Offender) Representation: Counsel: D Daleo (Crown) G Smith SC (Offender)

Solicitors: Office of the Director of Public Prosecutions (Crown) Ly Lawyers (Offender) File Number(s): 2016/294314 Publication restriction: Nil

REMARKS ON SENTENCE 1. HIS HONOUR: Daniel Chapman killed his father Stephen Chapman by stabbing him once in the shoulder on 2 October 2016. Mr Chapman was then 20 years of age and suffered from a form of Asperger's Syndrome. He was originally charged with murder but pleaded guilty at the first available opportunity to manslaughter by unlawful and dangerous act. Mr Chapman now stands to be sentenced for that offence.