{
 "id": "017",
 "offence": "Manslaughter, New South Wales",
 "jurisdiction": "Australia, New South Wales",
 "years": "2000 / 2000",
 "story": [
  "Both cases were heard by the Supreme Court of New South Wales. In both, the accused was convicted of the manslaughter of a partner: in one case the victim was a former de facto partner, in the other a husband.",
  "He, Shane Eugene Olig, early in the morning of 24 July 1999 kicked in the door of the house of his former de facto partner Annette Openshaw and lit a fire there with a jerry can of petrol. She died in the fire. He was acquitted of murder and convicted of manslaughter. Sentence: 12 years, with at least 8 years before parole.",
  "She, Lynette May Vandersee, on 30 June 1999 struck her sleeping husband Bruce Vandersee on the head eight times with the blunt side of an axe. She then washed the axe, covered her husband with a blanket and the same day surrendered to police and confessed. She was acquitted of murder and convicted of manslaughter. Sentence: 8 years, with at least 5 years before parole.",
  "The court noted that domestic violence is overwhelmingly committed by men against women and children. In Vandersee's case the court cited the fact that she is a middle-aged woman who had never been in prison as one of the grounds for special circumstances under section 44."
 ],
 "male": {
  "case": "REGINA v OLIG",
  "citation": "REGINA v OLIG [2000] NSWSC 1242",
  "court": "Supreme Court of New South Wales",
  "date": "2000-12-21",
  "charge": "Murder; convicted of manslaughter",
  "outcome": "Acquitted of murder, convicted of manslaughter",
  "sentence": "12 years, with at least 8 years before parole",
  "facts": "Lit a fire in his former de facto partner's house early on 24 July 1999 after kicking in the door, with a jerry can of petrol; she died in the fire. The court found he meant to frighten her and set the house alight, and was indifferent to the risk to her. He is 36, no significant record. (paras. 2, 4, 26, 33)",
  "source": "https://www.caselaw.nsw.gov.au/decision/549fa24f3004262463b39006"
 },
 "female": {
  "case": "R v Vandersee",
  "citation": "R v Vandersee [2000] NSWSC 916",
  "court": "Supreme Court of New South Wales",
  "date": "2000-09-18",
  "charge": "Murder; convicted of the manslaughter of her husband",
  "outcome": "Acquitted of murder, convicted of manslaughter",
  "sentence": "8 years, with at least 5 years before parole",
  "facts": "On 30 June 1999 struck her sleeping husband eight times on the head with an axe, then washed the axe, covered him with a blanket and the same day surrendered to police and confessed. She was 47, never previously charged. The court took into account provocation, mild depression and a history of violence. (paras. 1, 2, 15, 128, 148, 154)",
  "source": "https://www.caselaw.nsw.gov.au/decision/549fa64a3004262463b4d9b0"
 },
 "law": [
  "Criminal Code s. 718.2(b)",
  "Charter s. 15",
  "Charter s. 28"
 ],
 "after": "",
 "added": "2026-10-17",
 "evidence": {
  "male": {
   "offender_name": {
    "value": "Shane Eugen Olig",
    "quote": "Regina v Shane Eugen Olig",
    "para": ""
   },
   "offence": {
    "value": "Manslaughter",
    "quote": "but convicted of manslaughter.",
    "para": "1"
   },
   "sentence": {
    "value": "Imprisonment for twelve years from 24 July 1999, with a non-parole period of eight years expiring 23 July 2007",
    "quote": "you are sentenced to imprisonment for twelve years from 24 July 1999",
    "para": "33"
   },
   "sentence_months": {
    "value": "144",
    "quote": "you are sentenced to imprisonment for twelve years from 24 July 1999",
    "para": "33"
   },
   "victim": {
    "value": "Annette Openshaw",
    "quote": "Ms Openshaw died in a fire lit in her home by the offender",
    "para": "2"
   },
   "relationship": {
    "value": "Former de facto partner of the offender, separated in February 1999",
    "quote": "The offender and the deceased were, for some fifteen years or so, in what appears to have been a close and mutually supportive relationship",
    "para": "4"
   },
   "criminal_record": {
    "value": "No significant criminal convictions",
    "quote": "He is now 36 years of age and has no significant criminal convictions.",
    "para": "26"
   },
   "offender_age": {
    "value": "36",
    "quote": "He is now 36 years of age",
    "para": "26"
   },
   "key_facts": {
    "value": "Offender lit a fire in the deceased's home early on 24 July 1999 after kicking in the door with a can of petrol; he was acquitted of murder but convicted of manslaughter; the court found he intended to frighten and burn the house and was indifferent to the risk of injury to the deceased",
    "quote": "Ms Openshaw died in a fire lit in her home by the offender at about 6.30 am on 24 July 1999.",
    "para": "2"
   },
   "aggravating": {
    "value": "Offender broke into the victim's home; domestic violence context; lack of genuine remorse and dishonest evidence at trial; threat to burn the house down in the victim's presence",
    "quote": "It is an aggravating feature of the offender's offence, that he committed it after breaking into the victim's home.",
    "para": "24"
   },
   "mitigating": {
    "value": "Offender did not intend to kill or cause serious bodily injury; his actions were primarily directed at property; he almost immediately regretted them; difficult childhood and limited intellectual abilities (though court held these did not significantly mitigate culpability)",
    "quote": "I accept, however, that the offender's actions were primarily directed against the property rather than Ms Openshaw and, as I have already said, that he almost immediately regretted them.",
    "para": "20"
   },
   "gender_mentioned_by_court": {
    "value": "Court observed that offences of domestic violence are overwhelmingly committed by men upon women and children; no specific gender-based factor applied to sentence the offender",
    "quote": "Overwhelmingly, they are committed by men upon women and children.",
    "para": "25"
   }
  },
  "female": {
   "offender_name": {
    "value": "Lynette May Vandersee",
    "quote": "the prisoner Lynette May Vandersee not guilty of murder",
    "para": "1"
   },
   "offence": {
    "value": "Manslaughter of her husband Bruce Vandersee",
    "quote": "guilty of the manslaughter, of her husband Bruce Vandersee at Central Tilba on 30 June 1999",
    "para": "1"
   },
   "criminal_code_sections": {
    "value": "Crimes Act s24 (manslaughter penalty); s23A (substantial impairment)",
    "quote": "Under s24 of the Crimes Act the maximum penalty for manslaughter is imprisonment for twenty five years.",
    "para": "1"
   },
   "sentence": {
    "value": "Imprisonment for eight years commencing 1 August 2000, with a non-parole period of five years",
    "quote": "I sentence you to imprisonment for eight years commencing on 1 August 2000",
    "para": "154"
   },
   "sentence_months": {
    "value": "96",
    "quote": "I sentence you to imprisonment for eight years commencing on 1 August 2000",
    "para": "154"
   },
   "victim": {
    "value": "Bruce Vandersee, the offender's husband",
    "quote": "her husband Bruce Vandersee at Central Tilba on 30 June 1999",
    "para": "1"
   },
   "relationship": {
    "value": "Victim was the offender's husband",
    "quote": "the prisoner moved in with the deceased just before Christmas 1980 and they were married on 31 July 1982",
    "para": "20"
   },
   "criminal_record": {
    "value": "No previous criminal history",
    "quote": "She had no previous criminal history.",
    "para": "148"
   },
   "offender_age": {
    "value": "47 at time of offence (49 at sentencing)",
    "quote": "so that she was forty seven years old as at 30 June 1999 and she is now forty nine years old",
    "para": "15"
   },
   "key_facts": {
    "value": "Offender struck her sleeping husband eight times on the head with the blunt end of an axe on 30 June 1999, then washed the axe, covered him with a doona, and later that day surrendered to police and admitted killing him",
    "quote": "the prisoner had killed her husband by striking him a number of times on the head, while he was sleeping",
    "para": "2"
   },
   "aggravating": {
    "value": "Very great degree of violence: eight blows with a severe degree of force while the victim slept; intent to kill found; some hours elapsed and intention was formed before the killing",
    "quote": "The degree of violence was very great. The prisoner struck the deceased eight times on the head with the axe with a severe degree of force, while the deceased was sleeping.",
    "para": "147"
   },
   "mitigating": {
    "value": "Provocation by the deceased's conduct; mild depression at the time of the killing; history of abuse; no prior criminal record; early admissions to police; positive references and rehabilitation progress",
    "quote": "she was suffering from mild depression at the time of killing the deceased and this state of mind is a circumstance of mitigation.",
    "para": "128"
   },
   "gender_mentioned_by_court": {
    "value": "Court referred to the offender being a middle-aged woman who had never been in prison as a factor supporting special circumstances under s44",
    "quote": "the prisoner is a middle aged woman who has never been in prison before",
    "para": "153"
   }
  }
 }
}