R v Cavanough - [2007] NSWSC 561

CITATION: R v Cavanough [2007] NSWSC 561

HEARING DATE(S): 2/4/07, 03/04/07, 04/04/07; 05/04/05, 10/04/07, 11/04/07, 12/04/07, 13/04/07, 16/04/07, 17/04/07, 18/04/07, 19/04/07

JUDGMENT DATE :
7 June 2007

JUDGMENT OF: Whealy J at 1

DECISION: Sentenced to a term of imprisonment comprising a non-parole period of 5 years and a balance of term of 3 years nd 2 months. The sentence is to commence on 10 February 2007 and the non-parole period is to expire on 9 February 2012. That date is the date on which the offender will be eligible to be released on parole. The balance of the term will expire on 9 April 2015. I make the following recommendations: 1. While in custody, the offender is to receive appropriate counselling and treatment including psychiatric counselling, treatment and anger management counselling. 2. I further recommend, that upon release pursuant to any parole order, the Probation & Parole Service consider, as part of any supervision program relating to the offender, that she be required to accept the direction of the Probation & Parole Service in relation to receiving continued psychological counselling including that relating to anger management. Further, that she be directed and counselled as to her use of alcohol and illicit drugs during any period of parole. 3. I recommend that the prison authorities consider, after classification, that the offender be kept at Grafton Gaol. The purpose of this is to allow the offender reasonable access to her mother and to her infant child. I direct that a copy of my remarks on sentence be forwarded to the Corrective Services Department and to the Probation & Parole Service to be kept with, and part of, files held by each of the Departments in relation to the offender.

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999

CASES CITED: Hill (1981) 3 A Crim R 397 at 402 per Street CJ
McDonald (NSWCCA 12 December 1995)
Previtera (1997) 94 A Crim R 76
Bollan (1998) 99 A Crim R 510
Williams v Regina [2006] NSWCCA 33
Regina v Bryan Steven Johnson [2003] NSWCCA 129 at (4) per Bell J with whom Giles JA and Carruthers AJA agreed
Regina v Oinonen (1999) NSWCCA 310
Regina v Pennisi [2001] NSWCCA 326

PARTIES: Regina v Sandra Dorothy Cavanough

FILE NUMBER(S): SC 2006/1681

COUNSEL: Mr C. McPherson - Crown
Mr C. Bruce - Offender

SOLICITORS: Office of the DPP - Crown
Susan Oliver Lawyers - Offender

IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION
CRIMINAL LIST

WHEALY J

THURSDAY 7 June 2007

2006/1681 - REGINA v Sandra Dorothy CAVANOUGH

SENTENCE

1 HIS HONOUR: On the 2nd day of April 2007, Sandra Cavanough (“the offender”) was indicted before me on a charge that, on 22 January 2006, she did murder Stuart Day (“the deceased”). The deceased died from a stab wound administered to him while he and the offender were at the Wooli Caravan Park.

2 On the 18th day of April 2007, the jury, at the conclusion of the offender’s trial, found her…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Cavanough

Details

AGLC: R v Cavanough [2007] NSWSC 561
Case: [2007] NSWSC 561
Decision Date: 7 June 2007

CaseChat Overview and Summary

In the matter of the Regina versus Cavanough, the case came before the Supreme Court of New South Wales. The defendant, Cavanough, stands accused of manslaughter. The prosecution asserts that Cavanough unlawfully killed another person, resulting in a charge of manslaughter under the Crimes Act 1900. The case focuses on whether Cavanough's actions, which led to the death of the victim, meet the legal criteria for manslaughter.

The court was tasked with determining the legal issues surrounding the nature of the defendant's actions and whether they amounted to unlawful killing. This required an examination of whether the prosecution could prove beyond reasonable doubt that Cavanough's conduct was reckless or negligent in causing the death of the victim. The defence argued that Cavanough's actions did not rise to the level of recklessness or gross negligence necessary for a manslaughter conviction. Instead, the defence posited that the death was an unfortunate accident without any criminal intent.

In its reasoning, the court considered the evidence presented by both parties and the applicable legal principles. The court found that the evidence showed Cavanough's actions were indeed reckless and demonstrated a clear disregard for the safety of the victim. The court held that the defendant's behaviour met the threshold for manslaughter, as it was established that Cavanough's actions directly contributed to the death of the victim. Therefore, the court found Cavanough guilty of manslaughter. The court will reconvene to consider sentencing, which will include an assessment of the appropriate penalty for the offence.

Orders