A MAN convicted of the manslaughter of his neighbour has been sentenced to a non-parole period of three years.
Simon Peter Braddon was sentenced in the Supreme Court of NSW for the manslaughter of Gregory Partridge at Mandurama, on September 27, 2010.
He was originally charged with murder but pleaded guilty to an alternative count of manslaughter before Justice J. Hidden.
Braddon was represented in the court by Shane Cunningham.
Facts tendered in the case told how the victim, Partridge, lived in Gold Street, Mandurama, just down the road from Braddon.
On the afternoon of Sunday, September 26 2010, Mr Partridge visited Braddon at his home. They drank together and Mr Partridge left, saying that he was going to catch a bus to Bathurst to buy some heroin.
Mr Partridge spent the following day, Monday, September 27 2010, in Bathurst. There, among other things, he obtained some methadone from a chemist for use over the following days. He got back to Mandurama in the early evening and, shortly afterwards, Braddon visited him at his home.
The court heard that, while there, Braddon struck Mr Partridge a number of times to his back and other parts of his body, using a piece of pine. Mr Partridge died as a result of that assault, with concerned neighbours finding his body on his bed.
In handing down the sentence, Justice Hidden noted the seriousness of the crime.
“The offender delivered multiple blows with a piece of wood to a man significantly smaller than himself. It is a distressing feature of the case that Mr Partridge died alone and without assistance,” he said.
Justice Hidden said it seemed that Mr Partridge did not realise how badly he was injured; his use of methadone may have dulled his pain and masked the severity of his injuries.
But the fact a weapon was used by Braddon and the crime was committed in the victim’s home are matters properly required to be taken into account in assessing the gravity of the offence, Justice Hidden said.
On the other hand, Justice Hidden said the attack was undoubtedly spontaneous and the use of the piece of wood was opportunistic.
Justice Hidden also noted circumstances leading to the offence and the contributing effect of Braddon’s mental illness.
Braddon’s non-parole period expires on December 22, 2013.