We need a broader spectrum Because it's a manslaughter conviction: It is very difficult to identify any pattern of sentencing: R v Hill (1981) 3 A Crim R 397 at 402. Limited assistance is to be derived from sentences in other cases: Taber v R (2007) 170 A Crim 427 at [102]. Statistical data on sentencing for manslaughter is similarly of limited assistance; reliance on such data has been described as “unhelpful and even dangerous”: R v Vongsouvanh [2004] NSWCCA 158 at [38]. (Judicial Commission of New South Wales) With a maximum sentence of twenty-five years, manslaughter seems to be a controversial issue in Australia. What broader evidence suggests gender bias in sentencing in Australia? ____________________ Notes: Judicial Commission of New South Wales. "Manslaughter and Infanticide". Sentencing Bench Book. 2007. Judcom.NSW.gov.au. September 11, 2009. http://www.judcom.nsw.gov.au/publications/benchbks/sentencing/manslaughter.html
If the crime is calculated, it would be first degree murder here. Worthy of the death penalty. I wonder what an US manslaughter case would be considered in Australia. An ooopsy?
You take the case you have Manslaughter is what the they thought they could get her for. That's not so unusual, even in the States.
so the DA decided on manslaughter while the judge said it was planned. I wonder why he didn't give a harsher sentence then, the max.
A matter of circumstance, perhaps I don't know. The Sentencing Bench Book wasn't particularly helpful with that. Maybe they couldn't pin the killing blow on her specifically. The kid, apparently, stabbed him at least once. We have only the barest details of the crime, and the law can get extremely bizarre in any respectably free country when applied to certain circumstances.
interesting, i was about to pull you up on the 25 years untill i checked it. Strange that sentance for manslaughter isnt across the board. For instance the penelty in SA is: Thats the act i have read extensivly however when i read the NSW crimes act you are quite correct that its 25 years max. I do understand your point about pattens in sentancing, however from anacdotal evidence of watching other domestic violence killings i am sure that if this was a man the sentance would be ALOT higher. For starters i doubt the charge ever would have been manslaughter. BTW it might not have been the DPP who made it manslaughter. In Australia the DPP will charge you with every crime possable (for instance Murder, manslaughter, agrovated assult ect) and its up to the jury to determine which definition best fits the crime. In Australia jurys apear very reluctent to convict a women of murder against her partner sadly
A premeditated killing in the US can still be manslaughter (specifically, voluntary manslaughter), if there are mitigating circumstances.
First some background.. Hmmm... The reason she was given 6 years is because she pled guilty to manslaughter and the Crown, fearing the worst.. not guilty by reason of insanity in my opinion, probably accepted the plea. Notch carved and resume updated. She should never have been tried at all.
my apologies, i agree with you bells. If there were mental illness issues then she shouldnt have been held responcable
There are many kinds of possible mitigating circumstances. Often it involves some extreme form of provocation - your example would certainly qualify. Exactly what does and doesn't qualify as sufficient provocation is mostly up to the courts. It's also common for people to be charged with manslaughter rather than murder in cases of botched self-defense, where someone uses deadly force in self-defense when it isn't legally justified.
