Legal Studies

1964 Words Mar 28th, 2011 8 Pages
HSC Legal Studies Research Task – Crime
Identify the correct legal citation of the case
R v Faehndrich [2008] NSWSC 877 (29 August 2008)
Outline the Elements of the offence
On 11 April 2008, John Harry Faehndrich was convicted by a jury of the charge that he, on 13 August 2006, at Forster in the State of New South Wales, did murder Dianne Condon. The deceased died when she was stabbed by the prisoner with a pair of scissors and her vertebral artery was incised. The prisoner stabbed her a minimum of four times to the right and right back of the neck. A heavy degree of force was used causing very extensive injuries to the spinal column and upper area.
Describe the factors that might have led to the criminal behaviour *
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I am, however, satisfied on the probabilities that the changes in the deceased’s attitude and behaviour towards him contributed to the loss of self-control. To this extent, I find that the prisoner was provoked by the deceased which mitigates the objective seriousness of the offence: s 21A(3)(c) Crimes (Sentencing Procedure) Act.
Offender acted under duress – attacked the victim out of self-defence.
Remorse - Remorse as a mitigating factor is now qualified by s 21A(3)(i)-(ii) of the Crimes (Sentencing Procedure) Act, which requires the prisoner to provide evidence that he has accepted responsibility for his actions and has acknowledged any injury, loss or damage caused by them. “...He said that he felt remorseful about the killing and he admitted ‘my attack was excessive’. Whilst I accept that he regrets having killed Miss Condon and has acknowledged her tragic loss, I am not persuaded on the balance of probabilities that his acceptance of responsibility extends beyond the use of excessive force and that he at this time, takes full responsibility for the killing. I take into account to this extent remorse as a mitigating factor.
Mental Illness - The prisoner’s moral culpability for his offending is reduced by reason of his mental illness and the objective

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