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Supreme Court 16 November 2018

R v Chapman

[2018] NSWSC 1741

Homicide
CRIMINAL LAW SENTENCE WHERE MENTAL ILLNESS WHERE CONTRITION AND REMORSE WHERE EARLY GUILTY PLEA WHERE SPECIAL CIRCUMSTANCES

Citation: R v Chapman [2018] NSWSC 1741
Court: Supreme Court of New South Wales
Date: 16 November 2018
Judge: Harrison J

Background

A 20-year-old man, described throughout as suffering from an undiagnosed form of Asperger's Syndrome, fatally stabbed his father once in the shoulder during a confrontation at the family home in October 2016. The incident arose after the father disconnected the offender's internet connection and entered his bedroom to remove computer cables, in response to a dispute about coming to dinner.

The offender was originally charged with murder. He entered a guilty plea to manslaughter by unlawful and dangerous act at the first available opportunity.

The sentencing proceedings included evidence from the offender's mother, who described a long-standing absence of emotional connection between father and son, and characterised her late husband as "not a good father." She also expressed genuine concern for her son's safety in custody.

  • What sentence was appropriate for manslaughter by unlawful and dangerous act, having regard to the full range of relevant circumstances?
  • How should the offender's mental illness (Asperger's Syndrome) affect both the assessment of moral culpability and the conditions of his incarceration?
  • Whether special circumstances existed justifying a departure from the standard ratio of non-parole to parole period.
  • What discount applied for the early guilty plea?

Decision

Harrison J placed the offence at the low end of the range of moral culpability and objective seriousness for manslaughter. The court noted the wide spectrum of circumstances that manslaughter can encompass, drawing on established authority to the effect that no fixed sentencing tariff applies and that culpability must be assessed individually. The judge acknowledged that the death of a human being demands that a sentence reflect appropriate denunciation, regardless of mitigating factors.

The offender's Asperger's Syndrome was a significant factor in the sentencing calculus on two levels. First, it reduced moral culpability for the offending itself. Second, the court found that the condition had made custody materially more onerous for the offender than it would be for most inmates, a circumstance that weighed in mitigation when assessing the retributive and punitive weight already served.

Harrison J also found that the offender had demonstrated genuine contrition and remorse, had very good prospects of rehabilitation, and was not at risk of reoffending. The difficult and largely absent relationship with his father provided relevant context without constituting a justification for the killing.

A finding of special circumstances was made, warranting a significant variation to the standard non-parole to parole ratio. The court reduced the ratio to 50 percent of the total sentence to ensure the offender would have access to adequate medical support and counselling on release. A 25 percent discount was applied for the early guilty plea, reducing the starting point of eight years to six years.

Orders Made

  • The offender was convicted of manslaughter.
  • Sentenced to a total term of 6 years imprisonment.
  • Non-parole period of 3 years, commencing 2 October 2016 and expiring 1 October 2019.
  • Balance of term of 3 years, expiring 1 October 2022.
  • First eligible date for release on parole: 2 October 2019.

Key Takeaways

  • Manslaughter carries a maximum of 25 years imprisonment in New South Wales, but the circumstances giving rise to a conviction vary so widely that no fixed sentencing tariff applies, and culpability must be assessed individually in each case.
  • An offender's mental illness can be relevant to sentencing in two distinct ways: it may reduce moral culpability for the offending, and it may also increase the hardship of incarceration, both of which are legitimate considerations in determining the appropriate sentence.
  • Special circumstances justifying a departure from the standard non-parole ratio can be established where an offender requires ongoing medical support and counselling upon release, particularly where a mental health condition persists throughout the period of custody.
  • A 25 percent guilty plea discount was applied where the offender pleaded guilty at the first available opportunity to the manslaughter charge following an original charge of murder.
  • Contrition, remorse, good prospects of rehabilitation, and a low risk of reoffending were each treated as mitigating factors, alongside the contextual background of a troubled and largely unsupportive relationship with the deceased.

Legislation and Cases Referenced

Legislation:
- Crimes Act 1900 (NSW), s 24 (maximum penalty for manslaughter)

Cases:
- 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
- R v Blacklidge (Court of Criminal Appeal, 12 December 1995)
- R v MacDonald (Court of Criminal Appeal, 12 December 1995)
- R v Hill (1981) 3 A Crim R 397