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This table is intended to be used as a guide only. Individual cases should be read if they are to be relied upon 

 

Manslaughter - Criminal Negligence 

Case

(age if known)

TypePleaRecordSentenceAppealFacts

Elliott

(28)

NSWCCA

14.2.1991

Negligence

Motor vehicle

VGnil relevant

MT 4y

AT 1y 4m

AA

FT 10m 25d,

backdated so immediate release

Truck driver collided with passenger coach – raining - before commencing journey aware of major fault in braking system which caused accident - criminality at lower end of scale.

Remorse.

Stevens

(18)

NSWCCA

15.8.1993

Unlawful & dangerous

Negligence

Motor vehicle

PG 

MT 7y

AT 2y 4m

AA

MT 5y 6m

AT 2y 6m

After drinking spree decided to steal car - killed owner who was seeking to prevent car being stolen.

Cameron

(19)

NSWCCA

27.9.1994

Negligence

General

VGBES, supply, escape

MT 8m

AT 16m

ADPlaying with power lines with friends - left exposed line - 15y male electrocuted when out walking his dog

Armstrong

NSW SC

B-Parker J

25.8.1995

Negligence

Young child

General

VGNil4y GBB Mother failed to seek medical attention for four hours after child placed in scalding water by de facto - de facto convicted of murder.

Hayne

NSWCCA [429]

18.9.1998

Unlawful & dangerous

Negligence

Arson

VG FT 18mAD

Arguing with wife - splashed petrol around living room and set it alight - tried to rescue wife but failed.

Suffered severe burns himself.

Hall

(1999) 108 A Crim R 209

NSWSC

Bell J

Negligence

General

PGminor5y GBB 

V staying with offender and Hanslow in caravan – assaulted by Simpson - offender failed to obtain help - all offenders intellectually impaired

Female with good character

Co-offender Simpson dealt with for mal inflict GBH

Co-offender Hanslow dealt with for access after fact to infliction of GBH

Wilkinson

(19)

[1999] NSWCCA 248

Negligence

Young child

General

VGnil

MT 3y 6m

AT 3y

AD

Mother failed to protect wellbeing of 6m son - ignored bruises for which de facto offered innocent explanations - ignored breathing difficulty - talked out of taking child to doctor by de facto over 2 days - suspected de facto mistreating child - inattentive and disinterested mother.

Mother of older daughter born when offender 16y and younger child.

Simpson

[1999] NSWSC 842

Studdert J

 

[2000] NSWCCA 284

Negligence

General

PGsupply, possess, cultivate Indian hemp, use heroin

MT 6y

AT 3y

AD

Victim electrocuted when trying to get over electrified wire fence set up to protect offender's cannabis plants - found V's body and disposed of it in bushland

Confessed immediately - generally good character.

Cramp

(55)

(1999) 110 A Crim R 198

NSWCCA

Negligence

Unlawful & dangerous

Motor vehicle

VG2 x PCA

MT 7y

AT 2y 4m

AD"Worst case category" - allowed 16y intoxicated female to drive vehicle at high speed - ran into telegraph pole killing driver - 3 young children in car - looking after V and children who were neighbours.

Luong

(17)

[2000] NSWSC 505

Sully J

Unlawful & dangerous

Negligence

Juvenile

Shooting - domestic

VGnil

4y

NPP 2y

 

Hosted party for school friends at family home - while displaying gun deliberately fired at 16y female friend mistakenly believing no live ammunition in gun.

Excellent subjective features.

Do

[2000] NSWCCA 459

Negligence

Motor vehicle

VGnil

MT 3y

AT 1y

Crown ADDriver of heavily laden truck lost control on downward incline of major road colliding with car and crashing into residential property - killed driver of car and occupant of house - failure to observe warning signal and initial abandonment of responsibility although facts did not establish deliberate acceleration.

Do

[2001] NSWCCA 19

Negligence

Shooting - general

VG 

MT 18m

AT 18m

(PD)

Conviction ADSpent night in company with V and friend drinking, smoking heroin and taking rohypnol and playing with V's shotgun - pointed gun at V and deliberately pressed after playing with safety catch - thought he had put safety catch back on.

McDonald

(2001) 124 A Crim R 17

NSWCCA

Negligence

General

PG 

7y

NPP 5y

AD

Offender and husband caring for young developmentally retarded boy and male teenager - probably foster carers - aware teenage boy was violently assaulting younger boy over some 10 days - did not prevent horrific assaults and failed to get medical assistance for final fatal assault.

Mild intellectual disability.

ANG

(16)

[2001] NSWSC 758

Ireland AJ

Negligence

Drowning

Juvenile

PGnil2y suspended sentence 

Pushed unconscious body of 31y uncle into river - did so at earlier request of suicidal uncle - uncle suffered depression and intoxicated at time - offender under influence of drugs from drinks spiked without knowledge of offender.

Well respected youth - good family support - deeply affected by incident - rehabilitation.

Eriksson

(23)

[2001] NSWSC 781

Ireland AJ

 

 

 

 

 

Co-offender: HILL

Negligence

Young child

General

PG

(50%)

insignificant

3y

NPP 18m

 

Female - 2y son thrown into lounge by de facto – failed to obtain medical assistance despite deteriorating health of child - number of serious injuries inflicted on child by de facto over 10-14 days prior to death.

Difficult childhood - remorse - volatile and chaotic relationship with father of children then with co-offender - willing to give evidence against co-offender - will become blind within ten years - strict protection.

Hill

(23)

[2001] NSWSC 978

Ireland AJ

 

[2003] NSWCCA 16

 

Co-offender:  ERIKSSON

Negligence

Young child

General

PG

(11%)

prior convictions

8y

NPP 6y

AA

6y

NPP 4y 6m

Physically abused 2y son of de facto over several weeks prior to death - refused to obtain medical treatment

On appeal found SJ could not have been satisfied appellant inflicted final injury on victim nor prevented mother from obtaining medical assistance

Styman

(24)

[2003] NSWSC 93

Barr J

Unlawful and dangerous

Negligence

Assault - general

VG

(at murder trial)

 

PG

Agg BE and rob

BES offences

14y

NPP 9y

 

8y

 

Total:

15y

NPP 10y

 

With 2 co-offenders broke into house of elderly female V living alone - V tied and gagged and left in house - stole cash and property – made unsuccessful 000 call - V died 10-12 days later - lesser participant - not aware V not rescued

Cruel and violent childhood - genuine remorse - assistance to police - truthful at trial - evidence of rehabilitation - protective custody

O'Brien

[2003] NSWCCA 121

Negligence

Young child

General

VGNil

5y

NPP 2y

AD

1y daughter died of malnutrition – refused to take daughter to hospital when requested by doctor – claimed husband refused hospital treatment and she was threatened and dominated by him – suffering BWS

Assistance against husband – protective custody

Huynh

[2003] NSWSC 1066

Kirby J

Negligence

Arson

VG

(at murder trial – small discount for offer)

Nil

6y

NPP 3y 6m

 

During argument with ex-wife poured methylated spirits around kitchen and lit lighter – unexpected ignition – no intention to hurt wife

Excellent character evidence, including from V's parents – deep remorse – excellent prospects of rehabilitation – care of young son

George

(58)

(2004) 149 A Crim R 38

NSWCCA

Criminal negligence

General

VGNil

7y

NPP 4y

AA

3y 6m

NPP 2y

Failure to provide proper nutrition, hydration and medical care to 86y mother – found with bed sores, dirty, severely malnourished, dehydration, semi-conscious – mother domineering and refused care and treatment while competent – offender culpable only for period of incapacity

Probably suffering mild Asperger's Disorder – characterised by social isolation and difficulties in relating to people – failure to properly take into account

HMF

(30)

[2005] NSWSC 1214

Latham J

Criminal negligence

Assault – domestic

Young child

PG

(25%)

Record for property offences

5y

NPP 3y 9m

 

Mother scalded 8m daughter in bath – no medical assistance called – no intent to harm

History of drug abuse – suffering drug induced psychosis – judgment significantly impaired – genuine remorse

Taber

(27)

 

 

 

 

 

 

 

Styman

(37)

 

[2005] NSWSC 1292

Studdert J

 

(2007) 170 A Crim R 427

NSWCCA

 

Co-offender:

STYMAN

Unlawful and dangerous

Negligence

Assault - general

VG

Mansl

 

Agg rob

 

 

 

 

 

VG

Mansl

 

Agg rob

Nil relevant

 

 

 

 

 

 

 

 

Of little sign

18y

NPP 13y 6m

 

10y

 

Total

19y

NPP 14y 6m

 

18y

NPP 13y 6m

 

10y

 

Total

19y

NPP 14y 6m

AD

Three offenders broke into home of 70y female – V tied up, gagged and left with pillowcase over head – stole $23,300 - 000 call not acted upon – V died after 9 days – carefully planned offence – "most grave crime of manslaughter"

Protective custody – no remorse – low prospects of rehabilitation

Gow

[2006] NSWDC 78

Berman DCJ

Negligence

General

PGNil

18m

NPP 12m

suspended

 

Patient died from drug prescribed by doctor – prescribed wrong form of morphine – failed to properly instruct V as to taking of drug – failed to write instructions on prescription as required – looked up wrong drug in writing out required amount – tired and under stress

Remorse – admitted mistake openly in court – excellent character – caring doctor

HA

(29)

[2008] NSWSC 1368

Rothman J

Negligence

Young child

General

PG

(35% plea and assist)

Nil2y suspended sentence 

Failed to obtain medical care for 4y son – son suffering numerous medical conditions resulting in severe malnutrition – died from pneumonia and kidney infection – need for medical care would have been obvious to parents – medical care declined due to genuine religious beliefs of HA and husband – husband older and dominating figure (although not abusive) – breach of trust - child otherwise well cared for – low level of culpability

Mother to ten surviving children – husband died since arrest – subsequent support of family and providing good care for remaining children – remorse – borderline intelligence

T Sam

 

 

M Sam

 

[2009] NSWSC 1003

Johnson J

 

(2011) 206 A Crim R 67

NSWCCA

Negligence

Young child

General

VG

 

 

VG

Nil

 

 

Nil

8y

NPP 6y

 

5y 4m

NPP 4y

AD

Parents of 9m daughter failed to obtain appropriate medical treatment for eczema over many months – father a trained homeopath – each offender well educated - upon examination at hospital found to be in severe pain, malnourished, dehydrated, severe skin condition and ulcerated eyes – died from infection – serious case of negligence - seriousness of medical condition clear – failure constituted cruelty

Subsequently have 3y son – successfully treated for eczema – delay in charging – effect of imprisonment on son exceptional circumstances – limited insight into offences

T Sam – narcissistic personality traits – rigid reliance upon homeopathic remedies

M Sam - compliant woman

BW (No 3)

(46)

[2009] NSWSC 1043

Hulme J

 

[2011] NSWCCA 176

Negligence

Young child

General

VGNil

16y

NPP 12y

AD

Father of 7y daughter who died as a result of starvation and neglect – daughter suffered developmental delay and autism – left in bedroom in unhygienic conditions - ignored daughter - worst case

Mother [SW] convicted of murder and sentenced to Life

Unlikely to reoffend – rehabilitation.

SF

(16)

[2009] NSWSC 1069

Hall J

Negligence

Juvenile

Shooting - general

VGminor

4y

NPP 2y

 

Gun produced in room full of youths – no dispute or argument – took gun, opened chamber, observing bullet, cocked gun and pointed gun over shoulder at victim – playing with gun and showing off

Drug use - remorse

B

(14)

NSWDC

Sides SC DCJ

18.12.2009

Negligence

Juvenile

Shooting - domestic

PGnil4y GBB 

Accidentally shot 14y best friend in house with single barrel pump action shotgun - gun improperly kept in wardrobe in master bedroom –fired gun without checking if loaded – gun pointed at V accidentally when offender pulled trigger to see if loaded - offender and V armed themselves with knives and took out shotgun in response to presence outside of stranger seeking assistance – left alone in house at night – received no training in handling of guns – momentary error of judgment

Immediate assistance to V – genuine remorse – post traumatic stress disorder – long-term effects of recent illness makes him vulnerable in custody – excellent prospects of rehabilitation and no re-offending

Reynolds

(33)

[2010] NSWSC 691

Grove J

 

 

[2015] NSWCCA 29

Negligence

Motor vehicle (boat)

VG

Mansl

 

5 x Mansl

Nil

6y 6m

NPP 4y

 

FT 4y

 

Total:

7y 6m

NPP 5y

Conviction AD

6 victims – boat collision – offender asked by friends to drop off keys to boat after work function – took workboat which he used in his employment – took large number of persons on boat – allowed PS to drive boat for short while – PS under influence of drugs and alcohol and did not have boat licence – boat collided with fishing boat – ought to have known PS unfit to drive boat and failed to supervise him.

Remorse – good character – girlfriend was one of the victims.

PFC

(24)

[2010] NSWSC 834

RA Hulme J

 

(PTC)

[2011] NSWCCA 51

 

Co-offender:

NLH

Negligence

Young child

General

PG

(5%)

 

Sched:

2 x possess cannabis leaf

Nil

5y 2m

NPP 3y

AD

Failed to obtain medical assistance for 7w baby knowing NLH (partner and mother of victim) had harmed victim – NLH threw V into bassinet then pushed bassinet which fell onto ground – V hurt – later in evening V stopped breathing - earlier injuries also found on V's body.

Young couple struggling financially – NLH difficulty in coping with raising two small children - good character – supportive family – good rehabilitation prospects – remorse.

Iskov

[2010] NSWSC 1074

Barr AJ

 

[2011] NSWCCA 241

Negligence

Motor vehicle

PG

(25%)

Mansl

 

s.86

 

 

s.33

 

12y

NPP 7y 6m

 

 

10y

NPP 7y 6m

 

8y

NPP 6y

 

Total:

18y

NPP 13y 6m

AA

9y

NPP 5y 3m

 

10y

NPP 7y 6m

 

8y

NPP 6y

 

Total:

15y

NPP 11y 3m

Entered car of estranged wife and assaulted her on wrist and head with hard, blunt instrument – drove around in V's car with V in front seat unable to leave for three and a half hours – car collided with tree – V killed by impact with windscreen – negligent in failing to obtain medical assistance for injuries, driving around with distressed passenger, failing to ensure V wearing seat belt and collision with tree – negligence of driving not high

Angered and depressed by marriage breakdown – suffering reactive depression

Nair

(43)

[2013] NSWCCA 79

Negligence

General

PG

Mansl

 

 

Supply

 

Supply

 

 

Sched:

2 x supply

Poor driving record

4y 6m

NPP 2y

 

 

FT 2y 3m

 

3y 9m

NPP 2y 9m 23d

 

Total:

7y 9m

NPP 5y 3m 22d

AA

4y 6m

NPP 2y

 

FT 6m

 

3y 9m

NPP 2y 9m 23d

 

Total:

7y

NPP 4y 6m 23d

Engaged escorts and supplied them with cocaine – one escort died after being supplied and voluntarily consuming cocaine – 9m later engaged two escorts providing them with cocaine – offender and escorts intoxicated - one escort became unwell with convulsions – failure to call ambulance and inappropriate medical treatment – body left in unit – while on bail engaged two escorts and supplied cocaine – all cocaine supplied originally by escort agencies as part of 'party package'

Neurosurgeon – seriously assaulted in gaol resulting in permanent impairment to vision

Smith

(31)

[2013] NSWSC 796

Latham J

 

[2014] NSWCCA 316

 

 

Negligence

Young Child

PG

(25%)

Mansl

 

Access after fact to murder

Relatively minor

FT 7y

 

 

 

12y

NPP 9y

 

Total:

16y

NPP 12y

AD

Failed to obtain medical treatment for 6y daughter of de facto – victim assaulted by mother – after unsuccessful attempts to revive child offender put her to bed and went to work next day – child died during day – body placed in suitcase for several days then placed in shallow grave in bush and burned – gave false accounts of disappearance and laid false trails for over nine months – aware V subjected to long term physical abuse at hands of mother – acted out of loyalty to de facto – manslaughter top of range – accessory worst case

Co-Offender sentenced for murder – Abrahams [2013] NSWSC 952 (Murder)

A (No 5)

(34)

[2015] NSWSC 670

Bellew J

Negligence

Young child

VGNil

4y 6m

NPP 2y 6m

 

Female – failure to obtain medical treatment for 2y son over one month - V suffered physical injuries and displayed symptoms of being unwell – no evidence offender present when V suffered injuries

Period of offending followed offender's hospitalisation for episode of self-harm - otherwise appropriately attentive to V's needs - offending behaviour was aberrant – no deliberate decision not to obtain medical assistance - not total abandonment of responsibility - substantially below mid-range objective seriousness

Difficult background – mental illness / health – unlikely to re-offend

TP

(mid 30s)

[2018] NSWSC 369

Hamill J

Criminal negligence

Young child

Accessory

PG

(20% plea and assist)

minor traffic

4y

NPP 18m

 

Mother failed to remove 12y daughter from danger and obtain medical treatment – aware victim brutally subjected to severe physical abuse over many years by male partner – aware of extent and seriousness of abuse – offender and second daughter also subjected to abuse – failed to obtain medical treatment after threats by partner and fear of losing children - but on occasions obtained treatment for herself

Offender suffering batter women's syndrome – PTSD and depression – significantly reduced culpability – effect of custody

Male partner sentenced for murder JK [2018] NSWSC 250

Last updated: 29.3.2018