R v Dellamarta

Case [2021] VSC 220


IN THE SUPREME COURT OF VICTORIA Not Restricted

AT MELBOURNE

CRIMINAL DIVISION

S ECR 2020 0124

THE QUEEN Crown
v
BREE DELLAMARTA Accused

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JUDGE:

Taylor J

WHERE HELD:

Melbourne

DATE OF HEARING:

6 April 2021

DATE OF SENTENCE:

4 May 2021

CASE MAY BE CITED AS:

R v Dellamarta

MEDIUM NEUTRAL CITATION:

[2021] VSC 220

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CRIMINAL LAW – Sentence – Manslaughter – Accused stabbed partner once to the chest – Accused has lifelong intellectual disability and persistent depressive disorder – Whether Verdins principles applicable – No causal connection between disability and disorder and offending – Disability otherwise relevant – Resulting moderation of general and specific deterrence – Disability relevant to burden of imprisonment – Sentence of seven years and six months imprisonment with non-parole period of five years.

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APPEARANCES:

Counsel Solicitors
For the Crown Mr D Glynn Office of Public Prosecutions
For the Accused Ms J Munster Victoria Legal Aid

HER HONOUR:

  1. Bree Dellamarta, you have pleaded guilty to the manslaughter of Mark Ward by stabbing him once to the chest with a knife on 24 January 2020.

  1. The maximum penalty for this crime is 20 years.[1]

    [1]The maximum penalty for manslaughter has since increased to 25 years. See Crimes Amendment (Manslaughter and Related Offences) Act 2020, s 3 (amending Crimes Act 1958, s 5).

Summary of Offending

  1. Mr Ward was your partner. The offence took place in the kitchen of your home in Heidelberg West at about midnight when Mr Ward, who did not live with you, was staying overnight.

  1. The details of the offence remain somewhat opaque. Your motive in acting as you did is unclear. But, it is clear that you stabbed Mr Ward in anger after an argument.

  1. On 23 January 2020 you returned to your home at about 4:00pm after finishing your shift at the Sycamore Tree café in Heidelberg. That café is a social enterprise operated by the Banyule network of Uniting Churches. Your work there was voluntary. You have an intellectual disability and relied upon the Disability Support Pension for income. I will return to the relevance of your disability below.

  1. Mr Ward was already at your home. He had prepared an alcoholic drink for you in anticipation of your arrival. Over the next few hours you both drank alcohol.

  1. At about 6.30pm you arrived together by taxi at the RSL Club in Heidelberg West. You went to meet your sister and her partner. It seems that it was your custom to socialise with them at that club on a Thursday evening. During your time there you and Mr Ward both consumed more alcohol. He was drinking VB stubbies. You later told police that you drank about six glasses of Canadian club whisky and ginger ale. The atmosphere was apparently convivial. Mr Ward was in a good mood following a win on the poker machines. Your sister and her partner drove you and Mr Ward home at about 8.30 pm.

  1. After getting home, you had about another two…

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R v Dellamarta [2021] VSC 220
Case
[2021] VSC 220
Decision Date

CaseChat Overview and Summary

The accused, Dellamarta, was charged with manslaughter following an incident where he stabbed his partner once to the chest. The dispute centred on the appropriate sentence to be imposed, given the accused’s lifelong intellectual disability and persistent depressive disorder. The matter was heard in the Supreme Court of Victoria.

The primary legal issue was whether the principles articulated in Verdins should be applied to moderate the sentence due to the accused’s intellectual disability and mental health condition. Specifically, the court had to determine if there was a causal connection between these conditions and the offence, and if so, whether this would warrant a reduction in sentence. The court also needed to consider the broader impacts of the disability on the accused’s culpability and the effectiveness of punishment.

The court found that while there was no causal link between the accused’s conditions and the offence, his intellectual disability was nonetheless relevant to the sentencing process. This disability impacted the accused’s capacity for general and specific deterrence, as well as the burden that imprisonment would impose on him. Considering these factors, the court imposed a sentence of seven years and six months imprisonment, with a non-parole period of five years, reflecting a moderated approach due to the disability.

The final orders of the court included the aforementioned sentence and directed that the accused be placed under a mental health order to ensure appropriate care and support during his incarceration.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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