R v Mathers - [2011] NSWSC 339

Supreme Court

New South Wales

Medium Neutral Citation: R v MATHERS [2011] NSWSC 339
Hearing dates: 11, 21 April 2011
Decision date: 28 April 2011
Jurisdiction: Common Law - Criminal
Before: Hall J
Decision:
Imprisonment for a term of 2 years. In order to allow for the period of 20 days already served in custody, such sentence is taken to have commenced on 8 April 2011 and to expire on 7 April 2013. I suspend execution of the sentence as from today and direct that you be released from custody on condition that you enter into a bond for the operative remaining period of the 2 year sentence. The bond will contain the following conditions:-
(1) That the offender appear before the Court, if called on to do so, at any time during the term of the bond.
(2) That he be of good behaviour.
(3) That he inform the Registrar of this Court of any change in residential address.

Catchwords: MANSLAUGHTER - sentencing offender on basis of substantial impairment - offender assisted his deceased partner to commit suicide - ingestion of amitriptyline tablets and final act of suffocation - deceased had been partner of offender in a loving relationship of 22 years - deceased had suffered pain arising from spinal condition - expressed her wish to die as expressed in suicide note - offender's participation would not have been discovered or established were it nor for offender's disclosures to police- medical evidence established offender suffered a depressive illness/adjustment disorder arising from an underlying condition within meaning of s.23A of the Crimes Act 1900 -
sentencing considerations - only motive was to assist deceased in carrying out her express intention - no lengthy period of planning or premeditation - culpability at low end of range of sentences for the offence of manslaughter - leniency extended for offender's disclosures and confession of guilt and for plea of guilty - term of imprisonment of 2 years - suspended sentence - allowance made for time spent in custody of 20 days.
Legislation Cited: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Cases Cited: AB v R (1999) 198 CLR 111
Douar v R (2005) 159 A Crim R 154
R v Assaad [2009] NSWCCA 182
R v Blacklidge (NSWCCA, unreported, 12 December 1995)
R v Byrne [1960] 2 QB 396
R v Dally (2000) 115 A Crim R 582
R v Ellis (1986) NSWLR 603
R v Hill (1981) 3 A Crim R 397
R v Zamagias [2002] NSWCCA 17
Ryan v R (2001) 206 CLR 267
Category: Sentence
Parties: REGINA v David Scott MATHERS
Representation: Counsel:
C: R Hobart SC
O: A Bellanto QC/H White
Solicitors:
C: S Kavanagh
O: Acclaim Legal

File Number(s): 2009/53492

sentence

HALL J: On 11 April 2011, Mr David Scott Mathers pleaded guilty to a charge of manslaughter in the following terms:-

"That on 7 July 2009 at Ashfield he feloniously did slay Eva Griffith. Section 18(1)(b) Crimes Act 1900 (NSW)"

On 11 April 2011, Mr Mathers…

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 Mathers

Details

AGLC: R v Mathers [2011] NSWSC 339
Case: [2011] NSWSC 339
Decision Date: 28 April 2011

CaseChat Overview and Summary

In the case of R v Mathers, the defendant stood accused of manslaughter following the death of his long-term partner, who took her own life with his assistance. The deceased had been in a relationship with the offender for 22 years and had been suffering from chronic pain due to a spinal condition. She communicated her desire to end her life through a suicide note, and the offender assisted her by providing amitriptyline tablets and helping with the final act of suffocation. The offender's involvement only came to light due to his own disclosures to the police. The court had to consider the nature of the offender's mental state at the time of the offence, with medical evidence indicating that he suffered from a depressive illness and an adjustment disorder, which arose from an underlying condition that qualified under section 23A of the Crimes Act 1900.

The primary legal issues before the court were whether the offender's actions amounted to manslaughter and what sentence should be imposed in light of the circumstances. The court had to weigh the offender's substantial impairment due to his mental health issues against the gravity of his involvement in assisting the suicide of his partner. The court also considered the offender's motive, which was solely to help his partner in carrying out her expressed wish to die, as well as the absence of premeditation and planning. The offender's decision to confess to the police and plead guilty was noted as a mitigating factor.

In its reasoning, the court recognised that while the offender's actions were criminal, his culpability was at the lower end of the scale for manslaughter. The court emphasised the offender's motive and the lack of any personal gain or malicious intent. The court also took into account the offender's full disclosure to the police and his plea of guilty as significant mitigating factors. As a result, the court imposed a sentence of two years imprisonment, to be suspended, and allowed for the time the offender had already spent in custody, amounting to 20 days. This decision reflects a balanced approach, considering both the offender's mental health issues and the context of his involvement in his partner's death.

Orders