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R v French

R v French

Case [2021] NSWSC 1531 26 November 2021

Criminal Liability

Sentencing

Criminal Law

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Supreme Court

New South Wales

Amendment notes

Medium Neutral Citation: R v French [2021] NSWSC 1531
Hearing dates: 5 November 2021
Date of orders: 26 November 2021
Decision date: 26 November 2021
Jurisdiction: Common Law - Criminal
Before: Dhanji J
Decision:
The offender is convicted of the manslaughter of Cheryl Ardler and the unlawful disposal of her body.
For the offence of disposal of the deceased’s body, the offender is sentenced to imprisonment for 2 years and 8 months commencing from 14 February 2019 and expiring on 13 October 2021 with a non-parole period of 2 years expiring on 13 February 2021.
For the offence of manslaughter, the offender is sentenced to imprisonment for 9 years commencing from 14 February 2020 and expiring on 13 February 2029 with a non-parole period of 6 years expiring on 13 February 2026.

Catchwords:
SENTENCING – remarks on sentence – manslaughter – unlawful and dangerous act – disposal of corpse – where offender killed his partner and concealed her body – where remains not found for five and a half years – history of personal violence offences – background of deprivation – special circumstances – plea of guilty – new count offence – limited evidence of remorse

Legislation Cited:
Crimes (Domestic and Personal Violence) Act 2007 (NSW), s 12
Crimes (High Risk Offenders) Act 2006 (NSW), ss 5A, 25C
Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 21A, 25A, 25B, 25D
Crimes Act 1900 (NSW), s 24

Cases Cited:
Bentley v R; Davies v R; Thomas v R; Tilley v R [2021] NSWCCA 18
Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37
Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194
Hampton v R [2014] NSWCCA 131; (2014) 243 A Crim R 193
R v Aljubouri; R v YA; R v Shaker [2019] NSWSC 180
R v Blacklidge (Court of Criminal Appeal (NSW), 12 December 1995, unrep)
R v Donald William Reeves [2017] NSWSC 813
R v Doudar [2020] NSWSC 1262
R v Isaacs (1997) 41 NSWLR 374
R v MAK; R v MSK [2006] NSWCCA 381; (2006) 167 A Crim R 159
R v Merrick (No 5) [2016] NSWSC 661
R v Niass (Court of Criminal Appeal (NSW), 16 November 1988, unrep)
Refaieh v R [2018] NSWCCA 72; (2018) 272 A Crim R 245
The Queen v Lavender (2005) 222 CLR 67; [2005] HCA 37

Category: Sentence
Parties: Regina (Crown)
Dennis Andrew French (Offender)
Representation:
Counsel:
A Robertson (Crown)
N Steel (Offender)
Solicitors:
Solicitor for Public Prosecutions (NSW) (Crown)
Naomi Steinberg Lawyers (Offender)

File Number(s): 2019/112193
Publication restriction: Nil.

Remarks on sentence

The offender, Dennis Andrew French, stands to be sentenced for the manslaughter of his then partner, Cheryl Ardler (“the deceased”) on 12 December 2012. He pleaded guilty to that offence and one count of wilfully disposing of the dead body of the deceased, her having died a violent death, before the coroner had had the…

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 French

Details

AGLC: R v French [2021] NSWSC 1531
Case: [2021] NSWSC 1531
Decision Date: 26 November 2021

CaseChat Overview and Summary

In the case of R v French, the appellant was convicted of manslaughter for the unlawful killing of his partner. The body of the victim had not been found for five and a half years, and the disposal of her corpse was considered in the sentencing. The appellant pleaded guilty to manslaughter, which was a new count offence as he had initially been charged with murder. The court had to consider the history of personal violence offences committed by the appellant, as well as his background of deprivation and the special circumstances of the case. The appellant had limited evidence of remorse.

The legal issues before the court included whether the sentence imposed was manifestly inadequate, whether the appellant's history of personal violence and background of deprivation were relevant to sentencing, and whether the lack of evidence of remorse was a significant factor in the sentencing. The court also considered whether the disposal of the corpse was an aggravating factor in the sentencing.

The court held that the sentence imposed was manifestly inadequate and should be increased. The history of personal violence and background of deprivation were relevant to sentencing, but the lack of evidence of remorse was a significant factor. The disposal of the corpse was an aggravating factor in the sentencing. The court found that the appellant's history of personal violence and background of deprivation were significant factors in the sentencing, but the lack of evidence of remorse was a significant factor that outweighed these other considerations. The court also found that the disposal of the corpse was an aggravating factor in the sentencing, but it was not the sole factor that led to the increase in sentence.

The final orders of the court were that the appeal against sentence was allowed, and the appellant was sentenced to a term of imprisonment with a non-parole period of 15 years.

Orders