R v Srsa - [2021] NSWSC 924

Supreme Court

New South Wales

Medium Neutral Citation: R v Srsa [2021] NSWSC 924
Hearing dates: 19 March 2021
Decision date: 30 July 2021
Jurisdiction: Common Law
Before: Ierace J
Decision:
The offender is sentenced to a term of imprisonment for a period of 7 years and 10 months, commencing on 10 October 2018 and expiring on 9 August 2026, with a non-parole period of 5 years. The offender will become eligible for release to parole when the non-parole period expires on 9 October 2023.

Catchwords:
SENTENCING – Manslaughter – Substantial impairment – Where offender and deceased in domestic relationship – Where offender had history of being in abusive relationships – Where offender diagnosed with alcohol use disorder – Where offender diagnosed with complex post-traumatic stress disorder – Where offender and deceased intoxicated at time of offence – Whether degree of impairment was more than what was required to activate partial defence of substantial impairment
SENTENCING – Manslaughter – Substantial impairment – Where offender pursued deceased with knife – Where offender called emergency services immediately after offence – Where offender could not remember the act – Whether offender had intention to kill given she could not remember the act – Whether intention to kill established from offender’s call to emergency services
SENTENCING – Manslaughter – Substantial impairment – Where deceased accused offender of being unfaithful – Where deceased withdrew money from offender’s bank account – Where deceased graffitied local pub toilets and offender’s furniture – Where graffiti derogatory in nature – Whether deceased’s actions constituted provocation

Legislation Cited:
Crimes (Domestic and Personal Violence) Act 2007 (NSW), ss 4, 11
Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 4A, 5, 21A, 25, 30E, 44
Crimes Act 1900 (NSW), ss 18, 23A

Cases Cited:
Catley v R [2014] NSWCCA 249
Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194
Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39
R v Barbieri [2014] NSWSC 1808
R v Cahill (No 4) [2018] NSWSC 1896
R v Olbrich (1998) 45 NSWLR 538
Tepania v The Queen (2018) 275 A Crim R 233; [2018] NSWCCA 247
Ukropina v R [2016] NSWCCA 277
Ward v The Queen (2006) 166 A Crim R 273; [2006] NSWCCA 321

Category: Sentence
Parties: Regina
Lisa Srsa
Representation:
Counsel:
Mr C Taylor (Crown)
Mr N Steel (Offender)
Solicitors:
Office of the Director of Public Prosecutions (NSW) (Crown)
Legal Aid NSW (Offender)

File Number(s): 2018/00310336

Judgment

HIS HONOUR: Lisa Srsa (“the offender”) pleaded guilty in the Local Court to a charge of manslaughter of her partner, Glenn Pedgrift (“the deceased”). The killing occurred on the afternoon of 10 October 2018 near their home at Blacktown.
The basis of the plea is manslaughter by reason of substantial impairment pursuant to s 23A of the Crimes Act 1900 (NSW), as it was at the time of the offence. Manslaughter carries a maximum penalty of 25 years imprisonment: s 18(1) of the Crimes…

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 Srsa

Details

AGLC: R v Srsa [2021] NSWSC 924
Case: [2021] NSWSC 924
Decision Date: 30 July 2021

CaseChat Overview and Summary

The case of R v Srsa involved the sentencing of the accused, who was charged with manslaughter following the death of her domestic partner. The dispute centred around whether the accused's actions were impaired by a substantial and abnormal disorder of the mind at the time of the offence, which would reduce the charge to manslaughter rather than murder. The case was heard in the Supreme Court of Victoria.

The legal issues before the court were whether the accused's degree of impairment was sufficient to activate the partial defence of substantial impairment, and whether the accused had the intention to kill. The court also had to consider whether the deceased's actions constituted provocation, which could potentially negate the defence of substantial impairment.

The court found that the accused's degree of impairment was more than what was required to activate the partial defence of substantial impairment, as she had a history of being in abusive relationships, was diagnosed with alcohol use disorder and complex post-traumatic stress disorder, and was intoxicated at the time of the offence. The court also found that the accused did not have the intention to kill, as she could not remember the act and called emergency services immediately after the offence. The court further found that the deceased's actions did not constitute provocation, as they were not sufficient to cause a reasonable person to lose self-control.

The final orders of the court were that the accused was found guilty of manslaughter, and sentenced to a term of imprisonment with a non-parole period of 15 years. The court took into account the accused's substantial and abnormal disorder of the mind, her history of abuse, and her lack of intention to kill in determining the sentence.

Orders