DISAVOWAL
Card 019: breach of the law “same crime, same sentence” — Manslaughter, New South Wales · Australia, New South Wales · he — 9 years, she — 5 years 11 months, with a non-parole period of 2 years 3 months
Manslaughter, New South Wales · Australia, New South Wales · 2003 / 2004 · he — Jury: not guilty of murder, guilty of manslaughter; sentenced to custody, 9 years; she — Pleaded guilty; sentenced to custody, 5 years 11 months, with a non-parole period of 2 years 3 months.
Both cases concern manslaughter and were heard by the Supreme Court of New South Wales. Neither had a record. (para. 52; para. 30)
Paul David Marlow, 27 at the time of the offence, inflicted fatal wounds on Christopher William Powell with a kitchen knife and then called 000. The jury found him not guilty of murder but guilty of manslaughter. The court imposed 9 years in custody, commencing 1 January 2002. (paras. 1, 2, 49, 71)
Beryl Ann Mercy, almost 40, stabbed her de facto partner Berrin Dean Charles in the back with a kitchen knife. She pleaded guilty to manslaughter. The court imposed a non-parole period of 2 years 3 months, with a total term of 5 years 11 months. (paras. 2, 3, 35)
The court mentioned Mercy's children: it will be difficult, if not impossible, for them to visit her in prison, and only occasionally. This was taken into account in reducing the sentence. (para. 33)
Details: both decisions, the law, what happened after
He
- Case: R v Marlow
- Citation: R v Marlow [2003] NSWSC 1130
- Court: Supreme Court of New South Wales
- Date of decision: 2003-12-05
- Charge: Murder; convicted of manslaughter
- Outcome: Jury: not guilty of murder, guilty of manslaughter; sentenced to custody
- Sentence: 9 years
- Facts: Stabbed Christopher William Powell with a kitchen knife; an extremely brutal killing, the victim was defenceless; the court took into account provocation, no prior record, a discount of about 20% for the early guilty plea. (paras. 1, 2, 47, 52, 56, 71)
- Decision: https://www.caselaw.nsw.gov.au/decision/549fb4e83004262463b8f07d
She
- Case: REGINA v MERCY
- Citation: REGINA v MERCY [2004] NSWSC 472
- Court: Supreme Court of New South Wales
- Date of decision: 2004-04-19
- Charge: Manslaughter
- Outcome: Pleaded guilty; sentenced to custody
- Sentence: 5 years 11 months, with a non-parole period of 2 years 3 months
- Facts: Stabbed her de facto partner in the back with a kitchen knife, and he died; the court found she meant only to frighten him; pleaded guilty at the first opportunity (25% discount), no record. (paras. 2, 30, 31, 35)
- Decision: https://www.caselaw.nsw.gov.au/decision/549faed43004262463b742a9
Law
After
none
Machine version: /api/v1/019.json · added 2026-10-17