DISAVOWAL
Card 020: breach of the law “same crime, same sentence” — Manslaughter of a close relative on the ground of substantial impairment, New South Wales · Australia, New South Wales · he — 9 years (non-parole period 5 years, balance of term 4 years), she — 6 years (non-parole period 4 years and 3 months, balance of term 1 year and 9 months)
Manslaughter of a close relative on the ground of substantial impairment, New South Wales · Australia, New South Wales · 2010 / 2010 · he — Convicted of manslaughter, 9 years (non-parole period 5 years, balance of term 4 years); she — Convicted of manslaughter (responsibility reduced by substantial impairment), 6 years (non-parole period 4 years and 3 months, balance of term 1 year and 9 months).
Both cases were heard in the Supreme Court of New South Wales. Both were convicted of the manslaughter of a family member: murder was reduced on the ground of substantial impairment by abnormality of mind (section 23A of the Crimes Act).
He is Stephen Anthony Cavanagh, 53. After a tense argument with his mother over the house he strangled her with an electrical extension cord and then buried the body in the mountains. The court called the attack and the manner of killing brutal. Sentence: 9 years, with a non-parole period of 5 years.
She is Kathleen Worrall, 20. She armed herself with knives, twice approached her sister intending to stab her, then seized her 18-year-old sister by the neck and stabbed her several times in the neck and back. The sister died. Sentence: 6 years, with a non-parole period of 4 years and 3 months.
The court mentioned sex only in passing. In his case — a 2003 report about a "stereotypically male view of the world", with no weight in sentencing stated. In hers — the medical history records female sex and chromosomal female sex. The Crown did not oppose a 25% discount for the guilty plea.
Details: both decisions, the law, what happened after
He
- Case: R v Stephen Anthony CAVANAGH
- Citation: R v Stephen Anthony CAVANAGH [2010] NSWSC 670
- Court: Supreme Court of New South Wales
- Date of decision: 2010-06-25
- Charge: Murder; pleaded guilty to the manslaughter of his mother (substantial impairment and/or provocation)
- Outcome: Convicted of manslaughter
- Sentence: 9 years (non-parole period 5 years, balance of term 4 years)
- Facts: Stephen Cavanagh, 53, killed his mother Estelle Cavanagh: after an argument he strangled her with an electrical cord, wrapped the body in a tarpaulin and buried it in the mountains. One prior conviction (mid-range drink driving); the court treated him as a first offender. Mitigating: severe depression, remorse, good character, 25% discount for the guilty plea. (paras. 1, 2, 16, 23, 24, 28, 39)
- Decision: https://www.caselaw.nsw.gov.au/decision/54a008bd3004262463ca35df
She
- Case: R v Worrall
- Citation: R v Worrall [2010] NSWSC 593
- Court: Supreme Court of New South Wales
- Date of decision: 2010-06-04
- Charge: Murder of her sister; pleaded guilty to manslaughter
- Outcome: Convicted of manslaughter (responsibility reduced by substantial impairment)
- Sentence: 6 years (non-parole period 4 years and 3 months, balance of term 1 year and 9 months)
- Facts: Kathleen Worrall, 20, killed her sister Susan Worrall, 18: she armed herself with three knives, seized her sister by the neck and stabbed her several times in the neck and back. Aggravating: the degree of planning. Mitigating: mood disorder, guilty plea with a 25% discount, prospects of rehabilitation, remorse. (paras. 1, 2, 6, 13, 15, 36, 71, 72, 73)
- Decision: https://www.caselaw.nsw.gov.au/decision/54a0079e3004262463c9fc2b
Law
After
none
Machine version: /api/v1/020.json · added 2026-10-17