Intentional killing in Australia is a criminal offence. Judges have a wide discretion in sentencing to take into account aggravating and mitigating factors in determining the offender’s culpability. For example, in New South Wales aggravating factors may include whether the victim had any particular vulnerability, such as a disability, or whether the accused abused a position of trust or authority.96
However, a number of court cases97 demonstrate that the tendency of the court is to treat the severe impairment of the victim as an ameliorating, rather than mitigating, factor. The outcomes do not appear to be reflective of the inherent dignity and value of the lives of people with disability or of their equality with others.98
Case Study
Both Jason Dawes and Matthew Sutton were intentionally killed by their parents. In both cases the parents were found guilty of the reduced charge of manslaughter. In sentencing, the court took into account the daily emotional burden of full time care of their child, the failure of a system to provide alternative support to the families, portraying the victim’s disability as a cause of emotional and relationship breakdown. In each case the parents received a five year good behaviour bond.
