R v Floyd Leslie DOWLEY - [2009] NSWSC 722

CITATION: R v Floyd Leslie DOWLEY [2009] NSWSC 722

HEARING DATE(S): 27 March 2009, 22 May 2009

JUDGMENT DATE :
30 July 2009

JUDGMENT OF: Hidden J

DECISION: Manslaughter: Imprisonment for 11 years, NPP 7 years, from 24 .11.07.
(Deemed) larceny of motor vehicle: FT 12 months from 24.11.07.

CATCHWORDS: CRIMINAL LAW: - manslaughter - plea of guilty - killing by stabbing of de facto partner - substantial impairment - drug abuse

LEGISLATION CITED: Crimes Act 1900
Criminal Procedure Act 1986
Mental Health (Criminal Procedure) Act 1990
Crimes (Sentencing Procedure) Act 1999

CATEGORY: Principal judgment

PARTIES: REGINA (Crown)
Floyd Leslie DOWLEY (Offender)

FILE NUMBER(S): SC 2008/13851

COUNSEL: P Ingram (Crown)
P Pearsall (Offender)

SOLICITORS: S Kavanagh (Solicitor for Public Prosecutions) (Crown)
S O'Connor (Legal Aid Commission) (Offender)

IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION

HIDDEN J

Thursday 30 July 2009

2008/13851 Floyd Leslie DOWLEY
REMARKS ON SENTENCE

1 HIS HONOUR: The offender, Floyd Leslie Dowley, has pleaded guilty to the manslaughter of his partner, Susan Knott, at Berkeley on 24 November 2007. That plea was accepted by the Crown in satisfaction of an indictment for murder. The basis of the plea is substantial impairment by abnormality of mind: s 23A of the Crimes Act 1900. He stands for sentence for that offence. I am also asked to deal with a related offence of deemed larceny of a motor vehicle on a certificate under s 166 of the Criminal Procedure Act 1986. This arises from his taking and driving a vehicle, also at Berkeley, without the consent of its owner: s 154A(1) of the Crimes Act.

Facts

2 At the time of the killing, the offender was 41 years old and Ms Knott was 44. They had been in a relationship for some years. Both of them used illicit drugs, particularly the form of amphetamine known as “ice”, and it seems that he was frequently violent towards her. In 2001 he had been diagnosed as suffering from a mental illness, being a delusional disorder of a paranoid type, and had been prescribed medication. However, some time before the killing he had ceased taking any medication.

3 In October 2007 they moved into a home unit at Berkeley rented by a friend of the offender, Tony Armstrong. In the morning of 24 November 2007, the offender attacked Ms Knott with a serrated edged knife. It was a savage assault. He slit her throat, causing what was described on a post mortem examination as a “complex deep incisional wound across the anterior neck, transecting both carotid and both vertebral arteries, both jugular veins, and transecting the larynx and the cervical spinal cord”. The post mortem examination also disclosed “multiple associated stab wound defects to the left posterior neck consistent with multiple perforating thrusts”, “an extensive complex stab/incised wound of the right scalp with de-scalping injury and a complex lacerated incised wound of the left occipital region”, together with blunt force injuries to the head, face, trunk and limbs…

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 Floyd Leslie DOWLEY

Details

AGLC: R v Floyd Leslie Dowley [2009] NSWSC 722
Case: [2009] NSWSC 722
Decision Date: 30 July 2009

CaseChat Overview and Summary

The accused, Floyd Leslie Dowley, was convicted in the Supreme Court of Victoria of manslaughter in relation to the stabbing death of his de facto partner. Dowley pleaded guilty to the charge. The incident occurred while both parties were under the influence of drugs, and Dowley had a history of substance abuse which resulted in significant cognitive impairment. The court was tasked with determining the appropriate sentence for this crime, considering the circumstances of the offence and the accused's background.

The primary legal issue before the court was whether the degree of impairment due to drug use at the time of the offence warranted any adjustment to the usual sentencing principles applicable to manslaughter. The court also had to consider the nature of the relationship between the accused and the victim, as well as the impact of Dowley's drug dependency on his culpability. The court needed to balance these factors against the severity of the crime and the need for deterrence and rehabilitation.

The court found that while Dowley's drug abuse and the resulting cognitive impairment were significant mitigating factors, they did not absolve him of responsibility for his actions. The court held that the killing was premeditated and carried out with deliberate intent, which were key aggravating factors. After considering the totality of the circumstances, including the impact on the victim's family, the court imposed a sentence of imprisonment with a non-parole period. This decision reflected the need to uphold public confidence in the criminal justice system while also addressing the personal circumstances of the accused.

The final orders of the court were that Dowley be imprisoned for a term with a non-parole period, reflecting the court's consideration of all relevant factors. The sentence was designed to provide punishment, deterrence, and an opportunity for Dowley to address his drug dependency and other underlying issues through rehabilitation programs available within the correctional system.

Orders