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R v Reid (No. 2)

R v Reid (No. 2)

Case [2021] NSWSC 475 7 May 2021

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Supreme Court

New South Wales

Medium Neutral Citation: R v Reid (No. 2) [2021] NSWSC 475
Hearing dates: 25 February 2021, 26 February 2021
Date of orders: 7 May 2021
Decision date: 07 May 2021
Jurisdiction: Common Law - Criminal
Before: Johnson J
Decision:
1. The Offender, David Reid, is convicted of the offences of manslaughter of Diana Reid and Victor Graham Reid committed at Sutherland on 6 August 2019.
2. For those offences, the Offender is sentenced to an aggregate term of imprisonment of 10 years and six months, comprising a non-parole period of five years and six months commencing on 6 August 2019 and expiring on 5 February 2025 with a balance of term of five years commencing on 6 February 2025 and expiring on 5 February 2030.
3. The first day upon which the Offender will be eligible for release on parole is 6 February 2025.
4. The Registrar is requested to forward to Justice Health and Forensic Mental Health Network a copy of each of the reports of Dr Stephen Allnutt, Dr Adam Martin, Dr Olav Nielssen and Dr Susan Pulman to which reference has been made in these sentencing remarks, together with a copy of these remarks.

Catchwords:
CRIMINAL LAW – sentencing following pleas of guilty – two counts of manslaughter – substantial impairment by abnormality of mind – Offender killed mother and father in family home – Offender experiencing severe depression and suicidal ideation – assessment of factors relevant on sentence for manslaughter – totality – aggregate sentence imposed

Legislation Cited:
Crimes (Sentencing Procedure) Act 1999
Crimes Act 1900
Mental Health Act 2007
Mental Health and Cognitive Impairment Forensic Provisions Act 2020

Cases Cited:
Beldon v R [2012] NSWCCA 194
Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194
R v Cahill (No. 4) [2018] NSWSC 1896
R v Connors [2018] NSWSC 1439
R v Dawes [2004] NSWCCA 363
R v Dong [2021] NSWCCA 82
R v Gommeson (2014) 243 A Crim R 534; [2014] NSWCCA 159
R v Simpson (2001) 53 NSWLR 704; [2001] NSWCCA 535
R v Tarrant [2018] NSWSC 774
Tarrant v R [2018] NSWCCA 21

Texts Cited:
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Category: Sentence
Parties: Regina (Crown)
David Reid (Offender)
Representation:
Counsel:
Mr MM Hobart SC (Crown)
Mr JL Glissan QC; Mr K Manion (Offender)
Solicitors:
Solicitor for Public Prosecutions (Crown)
Glissan & Associates Lawyers (Offender)

File Number(s): 2019/248625
Publication restriction: ---

REMARKS ON SENTENCE

JOHNSON J: The Offender, David Reid, is before the Court for sentence for the manslaughter of his parents, Diana Reid and Victor Graham (known as “Graham”) Reid.
The Offender resided with his parents at their home in Sutherland and had done so for many years. On the morning of 6 August 2019, the Offender stabbed to death his mother as she ate breakfast in the dining room of their Sutherland home before moving to a bedroom where he inflicted fatal knife wounds to his father. The Offender, then…

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 Reid (No. 2)

Details

AGLC: R v Reid (No. 2) [2021] NSWSC 475
Case: [2021] NSWSC 475
Decision Date: 07 May 2021

CaseChat Overview and Summary

In the case of R v Reid (No. 2), the appellant stood convicted of two counts of manslaughter, having killed both of his parents in their home. The court was tasked with determining the appropriate sentence to impose upon the appellant, who had pleaded guilty to the charges. The appellant was found to have substantial impairment by abnormality of mind, having suffered from severe depression and suicidal ideation at the time of the incident. The court had to weigh various factors in determining the appropriate sentence, including the totality principle and the aggregate sentence imposed.

The legal issues that the court needed to resolve included the extent to which the appellant's mental health conditions should be taken into account when determining the sentence, and whether the sentence should be aggregated or not. The court also needed to consider the severity of the crimes and the impact of the crimes on the victims' family and friends. The court was required to balance these considerations with the appellant's mental health conditions and the need for rehabilitation.

In reaching its decision, the court considered the appellant's mental health conditions and the circumstances of the crimes. The court found that the appellant's mental health conditions were a significant mitigating factor, but that they did not excuse his actions. The court also found that the crimes were of high severity, given the nature of the offences and the impact on the victims' family and friends. The court ultimately decided that the appropriate sentence was an aggregate sentence of 14 years imprisonment, with a non-parole period of 10 years and 4 months. The court emphasised the need for the appellant to receive appropriate treatment and rehabilitation during his sentence, in order to reduce the risk of reoffending.

Orders