Regina v Michael Davison Tillman

Case

[2004] NSWSC 794

3 December 2004


Details
AGLC Case Decision Date
Regina v Michael Davison Tillman [2004] NSWSC 794 [2004] NSWSC 794 3 December 2004

CaseChat Overview and Summary

The case of Regina v Michael Davison Tillman involved a plea of guilty to manslaughter by the defendant. The court had to determine the appropriate sentence for the defendant following his guilty plea to a charge of manslaughter. The matter was heard in the Supreme Court of South Australia.

The legal issues before the court included the determination of the appropriate sentence for the defendant, considering the mitigating and aggravating factors of the case. The court also had to consider the principles of sentencing for manslaughter, including the objective gravity of the offence and the subjective circumstances of the offender. The court was required to balance these factors to arrive at a just and proportionate sentence.

The court acknowledged that the defendant had pleaded guilty, which was a mitigating factor. However, it also considered the objective gravity of the offence, which involved the unlawful taking of a life. The court took into account the defendant's background, his remorse, and the impact of the crime on the victim's family. After weighing these factors, the court determined that the defendant should be sentenced to a term of imprisonment with a non-parole period. The exact terms of the sentence were specified in the final orders of the court.

The final orders of the court were that the defendant, Michael Davison Tillman, be sentenced to a term of imprisonment with a non-parole period of eight years. The court considered this sentence to be appropriate given the circumstances of the case and the need to balance the principles of sentencing for manslaughter.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Criminal Liability

  • Sentencing

Actions
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Most Recent Citation
R v Eaton [2023] NSWCCA 125

Cases Citing This Decision

2

R v Eaton [2023] NSWCCA 125
R v Eaton [2023] NSWCCA 125
Cases Cited

1

Statutory Material Cited

1

Cheung v The Queen [2001] HCA 67
Cheung v The Queen [2001] HCA 67
Cheung v The Queen [2001] HCA 67