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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 - Drowning

Case

(age if known)

TypePleaRecordSentenceAppealFacts

Bailey

NSWSC

Hunt J

18.9.1991

Unlawful & dangerous

Drowning

Assault - domestic

 minor

MT 3y

AT 1y

(discount for assistance)

 

Co offender Norton convicted of murder - assaulted flat mate on beach and dragged him to water - died from drowning.

Alcoholic - 33% discount for assistance to authorities.

Wilson

(40)

[1999] NSWSC 1235

Newman J

Unlawful and dangerous

Drowning

Assault - domestic

PGNil3y GBB 

Assaulted father on boat then threw body overboard wrongly believing him to be dead - father drowned - assault in response to threats made by father against offender's girlfriend - father violent record, on bail for conspiracy to murder.

Good character - service in Naval Reserve - early acknowledgment of guilt - genuine remorse - suffering abnormality of mind at time of offence.

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.

Pope

[2002] NSWSC 397

Greg James J

Infanticide

Young child

Drowning

PG 3y GBB 

Mother drowned 12w daughter in bath - existing mental condition worsened after birth of baby - nature and extent of condition not fully realised

Some improvement in mental condition - support of husband and family

Laing

(35)

[2004] NSWSC 510

G.James J

Unlawful and dangerous

Drowning

PG

(25%)

Minor

6y 6m

NPP 3y 6m

 

Held head of male boarder under water in bath – dumped body in bush – circumstances of assault unclear – intoxicated

Long history of alcohol abuse – unlikely to reoffend – full remorse

RG

(44)

[2006] NSWSC 21

Buddin J

Substantial Impairment

Young child

Drowning

PGMinor

3y

NPP 1y 3m 2d

(immediate release)

 

Mother drowned 5m daughter in river – suffering psychotic illness (substantial impairment in upper range)

Protective custody – family and community support – remorse – good prospects of rehabilitation

LTN

(29)

[2011] NSWSC 614

Hidden J

 

Substantial impairment

Young child

Drowning

PG

(20%)

nil

4y

NPP 2y

 

Suffering from schizoaffective disorder – drowned 2y daughter in canal – had been seeking to kill herself as well – impairment of very high order

Good family support – good prospects of rehabilitation

Rees

(27)

[2012] NSWSC 922

Grove AJ

Substantial impairment

Young child

Drowning

VG

(at murder trial – offer to plead)

nil

5y

NPP 3y 2m

 

Female – drowned 17 month old daughter by leaving in bath

In ongoing destructive cruel relationship with father of child – lack of support - depression and depersonalisation led to actions which couldn't properly assess and control - otherwise a loving exemplary mother - good prospects rehabilitation

MB

(35 at offence – 41 at sentence)

[2017] NSWSC 619

Beech-Jones J

Substantial impairment

Drowning

Young child

PGNil significant

4y GBB

 

(little under 2y served in custody)

 

2010 offence - mother either drowned or failed to retrieve 6m daughter from water – reckless indifference to life – breach of trust – not planned

Suffering schizoaffective disorder – major depressive disorder with psychotic features – become obsessed that daughter had genetic disorder despite testing showing no abnormality – found not fit to plead and sentenced to limiting term for murder – spent just under 2 years in custody before stabilising and entering plea for manslaughter

Good personal support – prospects of rehabilitation – extra curial punishment – importance of supervision and reintegration into community

Last Updated: 29.3.2018

 

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