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Supreme Court 4 February 2000

Regina -v- Naudin

[2000] NSWSC 18

Homicide
MANSLAUGHTER INTOXICATION

Citation: Regina v Naudin [2000] NSWSC 18
Court: Supreme Court of New South Wales
Date: 4 February 2000
Judge(s): Dowd J

Background

The prisoner, a French-born chef in his late thirties, lived in a boarding house in Concord West. Over the course of 26 and 27 July 1997, he and the deceased, a friend of three weeks, consumed approximately two litres of wine each before an argument broke out in the early hours of the morning over a card game.

The deceased picked up one of the prisoner's chef's knives and held it close to the prisoner's face, touching his cheek. The prisoner, who by his own account was familiar with the dangers of knives and knew how to disarm people, grabbed the deceased's hands and twisted the knife back toward the deceased, stabbing him in the abdomen. The deceased died at Westmead Hospital at 2.20 am.

The prisoner was indicted for murder but pleaded not guilty. He entered a guilty plea to manslaughter by an unlawful and dangerous act, which the Crown accepted in full discharge of the indictment. Before sentencing could proceed, the court had to resolve a separate question about the prisoner's fitness to plead, arising from concerns about an undiagnosed psychotic illness identified while he was in custody.

  • Whether the prisoner was fit to plead at the time of the hearing in December 1999
  • What sentence was appropriate for manslaughter, taking into account:
  • The prisoner's severe intoxication at the time of the offence
  • A diagnosed psychotic illness and ongoing psychiatric treatment
  • The conduct of the deceased (holding a knife to the prisoner's face), which fell short of legal provocation
  • The prisoner's remorse, early guilty plea, and time already spent in custody
  • Whether special circumstances existed under the Sentencing Act 1989 justifying a departure from the standard ratio of minimum to additional term

Decision

Dowd J found the prisoner fit to plead at the December 1999 hearing, and the plea of guilty to manslaughter was entered and accepted. The court then turned to sentencing.

On the question of mental health, the court heard evidence from Dr Olav Nielssen that the prisoner had an untreated psychotic illness, later diagnosed as schizophrenia. The prisoner had initially refused examination and was assessed partly through nursing observations. He was subsequently treated with antipsychotic medication while in custody, and his mental state improved. The court accepted that both his mental illness and his severe intoxication bore on the sentencing calculus, reducing the need for general deterrence given the unusual circumstances.

The conduct of the deceased, in holding a sharp knife to the prisoner's face and verbally abusing him, was found to be relevant to the context of the offence, even though it did not amount to provocation in law. The court weighed this against the objective seriousness of the killing. The prisoner was a chef with professional knowledge of knives; he acted to take the knife away but, on his own account, pushed the blade into the deceased in the process.

Dowd J found special circumstances existed under the Sentencing Act 1989, because the prisoner would require an extended period of supervised medication and support to reintegrate into the community. This justified varying the standard ratio between minimum and additional terms, producing equal portions of three years each.

Orders Made

  • The prisoner was convicted of manslaughter.
  • Total sentence of six years imposed.
  • Minimum term of three years, commencing 27 July 1997 and concluding 26 July 2000.
  • Additional term of three years, commencing 27 July 2000 and concluding 26 July 2003.

Key Takeaways

  • Conduct by the deceased that falls short of legal provocation may nonetheless be taken into account as a relevant circumstance in sentencing for manslaughter, particularly where it contributed to the context in which the fatal act occurred.
  • Severe intoxication and a diagnosed psychotic illness can reduce the weight given to general deterrence in a manslaughter sentence, though the objective gravity of the taking of a human life remains a primary consideration.
  • Under the Sentencing Act 1989, special circumstances may be established where an offender requires an extended period of supervised medication and community adjustment following release, justifying a longer additional term relative to the standard statutory ratio.
  • A future risk of reoffending, arising from a mental abnormality, cannot lawfully inflate a sentence beyond what is otherwise proportionate to the offence committed, consistent with the principle confirmed in Regina v Veen (No. 2) (1988) 164 CLR 465.
  • Remorse, an early guilty plea, and time spent in pre-sentence custody were each treated as mitigating factors in arriving at the total sentence.

Legislation and Cases Referenced

Legislation
- Sentencing Act 1989 (NSW), s 5(2)
- Victims Rights Act 1996 (NSW)

Cases
- Regina v Veen (No. 2) (1988) 164 CLR 465
- Regina v Previtera (1997) 94 A Crim R 67
- Regina v Green (NSW CCA, 18 May 1999, unreported)
- Regina v Troja (NSW CCA, 16 July 1991, unreported)
- Regina v Sofokleous (NSW CCA, 13 December 1993, unreported)
- Regina v SNP (NSW CCA, 15 October 1999, unreported)
- Regina v Gould (NSW CCA, 2 July 1999, unreported)
- Scognamiglao (1995) 56 A Crim R 81