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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 - General 

CaseTypePleaRecordSentenceAppealFacts

Cameron

(19)

NSWCCA

27.9.1994

Negligence

Juvenile

General

VGBES, supply, escape

MT 8m

AT 16m

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

Hunt

NSW SC

Hidden J

2.4.1996

Diminished responsibility

Young child

General

PGnil

MT 3y

AT 4y

 

Mother poisoned son on four occasions over several weeks

Borderline personality disorder - symptoms of Munchausen's Syndrome by Proxy

Lamb

NSWCCA

3.4.1997

Unlawful and dangerous

General

Accessory

VGnil

MT 2y

AT 2y

AD

Female - principal in the second degree - co-offender injected self, A and V with drug - V asked for more and A reluctantly agreed to have co-offender inject more - tried to obtain help - intended no harm.

Low intellectual capacity – Aboriginal - assistance re drug dealer - rehabilitation.

Hall

(1999) 108 A Crim R 209

NSWSC

Bell J

Negligence – Omission

General

PGminor5y GBB 

V lived with offender, Hanslow ([1999] NSWSC 739) and Simpson - all intellectually impaired - V beaten by Simpson - offender failed to obtain help.

Female with good character - intellectual impairment.

Wilkinson

(19)

[1999] NSWCCA 248

Negligence

Young child

General

VGnil

MT 3y 6m

AT 3y

AD

Mother failed to protect well being 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

V was 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.

Mika

 

Sagato

 

(2000) 116 A Crim R 31

NSWSC

Grove J

Unlawful and dangerous

Young child

General

PGNil

2y

suspended sentence

 

Husband and wife held down 3y child while mother poured water down his throat. All held genuine and religious beliefs about demons, and believed child needed to be exorcised. Mother found mentally ill.

Intense religious beliefs – remorse – parents to four children.

Sutcliffe

(25)

 

S McGoldrick

(21)

 

L McGoldrick

(17)

 

[2000] NSWSC 825

Adams J

Unlawful and dangerous

Juvenile

General

PG 

5y 3m

NPP 3y

 

4y 5m

NPP 2y 3m

 

2y 6m PD

 

Four offenders involved in pushing large rocks off motorway overpass attempting to strike truck trailers.  One rock smashed through windscreen of V's truck causing death. Went to assistance of driver but attempted to conceal involvement in offence.

S:  most culpable; limited intelligence; immature; psychological handicaps; genuine remorse; strict protection; good prospects of rehabilitation.

S.McG:  less than average intelligence; immature; remorse; onerous conditions of bail.

L.McG:  least culpable; immature; remorse;

Eriksson

(23)

[2001] NSWSC 781

Ireland AJ

 

 

 

 

Co-offender:  HILL

Negligence

Young child

General

PG

(50%)

insignificant

3y

NPP 18m

 

Female - 2y son 9 days 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.  Not satisfied offender inflicted final injury. On appeal court found SJ could not have been satisfied appellant inflicted injury not prevented mother from obtaining medical assistance

Dominant partner in de facto relationship.

McDonald

(2001) 124 A Crim R 17

NSWCCA

Negligence

General

PG 

7y

NPP 5y

AD

Lived with husband, V (young developmentally retarded boy) and teenage boy - probably foster carers but not clear from judgment. Knew that teenage boy was violently assaulting V over some 10 days.  Did not prevent horrific assaults and failed to get medical assistance for final fatal assault. 

Mild intellectual disability.

Richards

(39)

[2002] NSWSC 415

Kirby J

Substantial impairment

Young child

General

PG

(25%)

Mansl

2 x Att murder

nil

FT 15m 10d

5y GBB

(immediate release)

 

Suffering delusional disorder focussed on perceived sexual abuse by fathers of children - Faced losing custody of children at Family Court hearing - Attempted to kill self and three children by carbon monoxide poisoning - Only baby died

Improvement in mental health - Protective custody - Remorse

Guider

(36 at offence - 52 at sentence)

[2002] NSWSC 756

Wood CJ at CL

Unlawful and dangerous

General

PGsentenced for sexual offences committed on young children over lengthy period of time

17y

NPP 12y

 

Killing of young girl in 1986 - Picked up V and took her somewhere - V died after being drugged with normison - Body never recovered - No details of offence provided by offender  - Part of series of sexual offences committed on young children over 15y years - Involved using stupefying drugs to take photographs and commit sexual acts

Dysfunctional background - Denied offence for long period of time - No insight into offending - Dangerousness - Strict protection - Paedophilia

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

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 – appellant 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

Clare

(35)

[2006] NSWSC 812

Grove J

 

(2008) 181 A Crim R 450

NSWCCA

Unlawful and dangerous

Young child

General

VG

Mansl

 

PG

s.66A

Record for sexual offences against children

Manslaughter

25y

NPP 18y 9m

(concurrent sentence for 66A - cumulative on existing NPP 12y 1m)

AA

Manslaughter

25y

NPP 15y 9m

Babysitting 3y boy V – sexual penetration of V- V vomited and choked – Applied electrical wires in attempt to revive V – worst case category

Self confessed paedophile - Serving sentence for sexual assault of V's 6y sister.

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

Rowe

(26)

[2007] NSWSC 300

Howie J

Unlawful and dangerous

Young child

General

VG

(murder trial)

Drugs and dishonesty

5y 6m

NPP 3y

 

Mother killed 7m son by ingestion of methadone – struggling to cope with crying baby – sought to settle – distraught at death

Disturbed childhood resulting in early drug addiction – onerous custodial conditions

R. Sutton

(63)

 

M.Sutton

(60)

 

[2007] NSWSC 295

Barr J

Substantial impairment

PG

 

 

PG

Nil

 

 

Nil

5y GBB

 

 

5y GBB

 

Parents killed severely disabled 29y son – V suffering blindness, severe mental retardation and restriction of hearing –required surgery to stop brain infection – surgery would cause temporary deafness and reduced quality of life – V difficulty in dealing with changes in life – spontaneous decision brought out of love for son – both offenders suffering major depressive illness brought on by years of stress and commitment to son – mother administered sedative – father killed V – cause of death undisclosed - Severe depressive disorder

Suicide risk – should not be separated

HA

(29)

[2008] NSWSC 1368

Rothman J

Criminal 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 – omission

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 as 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 – omission

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.

PFC

(24)

[2010] NSWSC 834

RA Hulme J

 

(PTC)

[2011] NSWCCA 51

 

Co-offender:

NLH

Negligence - omission

Young child

General

PG

5%

 

Sched:

2 x possess cannabis leaf

Nil

5y 2m

NPP 3y

AD

Failed to obtain medical assistance for his 7 week old baby – knew that NLH (partner and mother of victim) had harmed victim – NLH had thrown V into bassinet then pushed bassinet which fell onto the 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.

Mathers

[2011] NSWSC 339

Hall J

 

Substantial impairment

General

PGNil

2y

suspended sentence

 

Assisted V (partner) to commit suicide - ingestion of amitriptyline tablets and final act of suffocation - long relationship of 22 years – V had suffered pain from spinal condition -  V expressed wish to die in suicide note – A's participation would not have been discovered but for A's disclosures to police.

Depressive illness/adjustment disorder

Only motive was to assist V in carrying out her express intention - no lengthy period of planning or premeditation - culpability at low end of range of sentences for manslaughter - leniency due to disclosures, confession of guilt and plea of guilty

Scott

(36 at offence – 44 at sentence)

[2012] NSWSC 70

Buddin J

Unlawful and dangerous

General

VGRecord – not significant

7y 6m

NPP 4y 6m

 Killed female acquaintance - time, cause and place of death unknown – remains found 5 years later – acted to conceal body – both V and offender drug addicts

Nair

(43)

[2013] NSWCCA 79

 

Negligence

General

PG

Mansl

2 x Supply

 

Sched:

2 x supply

Poor driving record

Manslaughter

4y 6m

NPP 2y

 

Total:

7y 9m 22d

NPP 5y 3m 21d

AA

Manslaughter

4y 6m

NPP 2y

 

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

Tarrant

(24)

[2016] NSWSC 1155

Fagan J

Substantial Impairment

Accessory

General

VG

(murder trial - 33% plea and assist)

Nil

10y 8m

NPP 8y

 

 

Female arranged killing of partner by male lover – fed victim sleeping tablets then called co-offender to house – victim killed in unknown manner and body disposed of by co-offender – violent relationship with Victim – suffering chronic depressive disorder and PTSD – barely sufficient level of substantial impairment – aggravating factors: stupefying drug – in company – in victim's home – planned

Gave evidence against co-offender – remorse- mother to five children

Co-offender Roff sentenced for murder

 

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