Date of this Version

1-1-1995

Document Type

Journal Article

Publication Details

Rees, N. & Fairall, P. (1995). Gregory Wayne Kable v The Director of Public Prosecutions for New South Wales: The power to legislate for one. High court review, 1, 15 pp.

Abstract

Extract:

On 5 May 1990 Kable stabbed his wife to death following a bitter custody dispute. He was charged with murder. A plea of manslaughter by diminished responsibility (based on acute depression) was accepted by the Crown. Kable was sentenced to penal servitude for 5 years and four months, made up of a minimum sentence of four years and an additional sentence of one year and four months in relation to two counts of threatening murder.[1] He wrote a number of threatening letters during 4 years in prison. The letters were directed to the carers of his two young children. A failure by the carers to comply with a Family Court order for access fuelled his anger. Kable was not physically violent in prison but his letters alarmed various medical officers.[2] One psychiatrist saw the letter-writing as a form of psychological violence only slightly removed from extreme physical violence.[3] Kable's pending release from prison became a political issue. The government responded with the Community Protection Act 1994 (NSW) ("The Act") which came into force on 6 December 1994.

[1] [2] [3] See notes in article.