JURISDICTION: In the Supreme Court of New South Wales
REPRESENTED BY: Mr John Spencer of Counsel, instructed by George Sten & Co.
SUBJECT: Criminal Law – Manslaughter – Plea accepted on the basis of provocation – abusive relationship – accused shot and dismembered husband – long delay before body identified.
FACTS: The defendant shot her husband then dismembered and disposed of his corpse. The defendant was charged and pleaded guilty to manslaughter while alleging that her husband had bashed her for years. The defendant claimed that during the incident, her husband came home drunk, and during an altercation, produced a shotgun and fired it into the floor. The Defendant believed her husband was about to murder her. Acting on this belief the defendant took the rifle which her husband had dropped and shot him in the head.
The defendant had no prior convictions but had lied to police numerous times in her statements. Furthermore the defendant induced her son to help her dispose of his father’s body.
RESULT The court found no evidence of remorse and sentenced the defendant to four years, nine months – non-parole period three years four months, the maximum penalty for manslaughter being imprisonment for 25 years and the maximum penalty for interference with human remains being imprisonment for 2 years.