Legal Research > Sentencing Tables

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​Type​Plea​Record​Sentence​Appeal​Facts

Elliott (28)


NSWCCA
14.2.1991

negligence VG nil relevant MT 4y
AT 1y 4m
AA
FT 10m 25d, backdated so immed release
Truck driver collided with passenger coach. Raining. Before commencing journey aware of major fault in braking system which caused accident. Criminality held to be at lower end of scale.
Remorse.

Stevens (18)


NSWCCA
15.8.1993

unlawful & dangerous / negligence 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 VG BES, supply, escape MT 8m
AT 16m
AD A played with power line with friends and left exposed power line; 15 y o D electrocuted when out walking his dog

Heyne


NSWSC [429]
18.9.1998

unlawful & dangerous / negligence VG FT 18m AD Arguing with wife. Splashed petrol around living room. Tried to rescue wife but failed. Suffered severe burns himself.

Hall


NSWSC [738]
(Bell J)
23.7.1999

omission PG minor 5y GBB V lived with A, Hanslow ([1999] NSWSC 739) and Simpson. All intellectually impaired. V beaten by Simpson. A convicted of manslaughter on basis that failed to obtain help for V. Female with good character, intellectual impairment.

Wilkinson (19)


NSWCCA [248]
9.8.1999

negligence VG nil MT 3y 6m
AT 3y
AD Mother failed to protect well being of 6 month old 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


NSWSC [842]
(Studdert J)
20.8.1999

NSWCCA [284]
12.7.2000

negligence PG supply, possess, cultivate Indian hemp, use heroin MT 6y
AT 3y
AD V was electrocuted when trying to get over electrified wire fence set up by A to protect A's cannabis plants. A found V's body and disposed of it in bushland. A confessed immediately. Generally good character.

Cramp


NSWCCA [324]
30.11.1999
110 A Crim R 198

negligence / unlawful & dangerous VG 2 x PCA MT 7y
AT 2y 4m
AD 'Worst case category'55 year old intoxicated male allowed 16y intoxicated female D to drive vehicle at high speed over period of 3 hours and 35 kms. Ran into telegraph pole. 3 young children were passengers in car. A looking after V and children who were neighbours.

Luong (17)


NSWSC [505]
(Sully J)
8.6.2000

unlawful & dangerous / negligence VG nil 4y
NPP 2y
Hosted party for school friends at family home. While displaying gun deliberately fired at 16 year old female friend mistakenly believing no live ammunition in gun.
Excellent subjective features.

Do


NSWCCA [459]
3.11.2000

negligence VG nil MT 3y
AT 1y
Crown AD Driver 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


NSWCCA [19]
2.2.2001

criminal negligence VG MT 18m
AT 18m
(PD)
Conviction AD Spent 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. A thought he had put safety catch back on.

McDonald


NSWCCA [301]
2.8.2001
124 A Crim R 17

negligence PG 7y
NPP 5y
AD A lived with husband, V (young developmentally retarded boy) and teenage boy (A and husband probably foster carers but not clear from judgment). A and husband 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. V died of injuries. A had mild intellectual disability.

ANG (16)


NSWSC [758]
Ireland AJ
4.9.2001

negligence PG nil 2y suspended sentence Pushed unconscious body of 31 year old 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 with knowledge of offender.
Well respected youth - good family support - deeply affected by incident - rehabilitation.

Eriksson (23)


NSWSC [781]
(Ireland AJ)
7.9.2001

Co-offender: HILL

negligence PG insignificant 3y
NPP 18m
Female - Death of 2 year old son 9 days after being thrown into lounge by offender's de facto. Failure 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)


NSWSC [978]
(Ireland AJ)
2.11.2001

NSWCCA [978]
23.9.2003

Co-offender: ERIKSSON

negligence PG prior convictions 8y
NPP 6y
AA
6y
NPP 4y 6m
Physically abused 2y son of defacto over several weeks prior to death. Refused to obtain medical treatment. Not satisfied offender inflicted final injury.
Dominant partner in de facto relationship.

On appeal court found SJ could not have been satisfied appellant inflicted injury not prevented mother from obtaining medical assistance

Styman (24)


NSWSC [93]
Barr J
28.2.2003

unlawful and dangerous

criminal neg
VG
Mans

PG
Agg BE, commit offence
BES offences Total:
15y
NPP 10y
With 2 co-offenders broke into house of elderly female victim living alone - Victim tied and gagged and left in house - Stole cash and property - Unsuccessful 000 call made - Victim died 10-12 days later - Lesser participant - Co-offenders received life sentences for murder - Not aware victim not rescued
Cruel and violent childhood - Genuine remorse - Assistance to police - Truthful at trial - Evidence of rehabilitation - Protective custody

O'Brien


NSWCCA [121]
6.5.2003

criminal negligence VG Nil 5y
NPP 2y
AD 1y o 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


NSWCCA [1066]
Kirby J
21.11.2003

Criminal negligence VG (at murder trial) 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 - Offered to plead guilty

George
(58)


NSWCCA [247]
19.8.2004

Criminal negligence VG Nil 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
A probably suffering mild Asperger's Disorder - characterised by social isolation and difficulties in relating to people - failure to properly take into account

HMF
(30)


NSWSC [1214]
Latham J
18.11.2005

Criminal negligence PG 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)

NSWSC [1292]
Studdert J
15.12.2005

Co-offender:
STYMAN
Unlawful and dangerous

Criminal negligence
VG
Mansl
Agg Rob
Nil relevant


Of little significance
Mansl
18y
NPP 13y 6m
Agg Rob
10y

Total
19y
NPP 14y 6m
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

Justins
(20)


NSWSC [1194]
Howie J
12.11.2008

Crim negligence VG
At murder trial
Nil 30m
NPP 22m
PD
72y husband suffering from Alzheimer's and expressed frequent request to die - co-offender illegally brought in poison from Mexico - arranged for V to drink poison - honestly believed V wanted death - reasonable person would have know V lacked mental capacity to make decision at time of death - unique case

HA
(29)


NSWSC [1368]
Rothman J
18.12.2008

Criminal negligence PG Nil 2y 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

SF
(16)


NSWSC [1069]
Hall J
9.9.2009

Criminal negligence VG minor 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

T Sam


M Sam



NSWSC (No.18) [1003]
Johnson J
28.9.2009

Criminal negligence - omission VG


VG
Nil


Nil
8y
NPP 6y

5y 4m
NPP 4y
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)


NSWSC [1043]
Hulme J
2.10.2009

Criminal negligence - omission VG Nil 16y
NPP 12y
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 - unlikely to reoffend - rehabilitation.
Mother [SW] convicted of murder and sentenced to Life

Reynolds
(33)


NSWSC [691]
Grove J
25.6.2010

Criminal negligence
(6 x manslaughter)
VG Nil Total:
7y 6m
NPP 5y
6 victims - boat collision - A was asked by friends to drop off keys by boat after a 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 - A 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)


NSWSC [384]
RA Hulme J
29.7.2010

Criminal negligence

Sched:
2 x possess cannabis leaf
PG Nil 5y 2m
NPP 3y
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 victim into bassinet then pushed bassinet which fell onto the ground - victim hurt - later in evening victim stopped breathing - earlier injuries also found on victim's body.
Young couple struggling financially - NLH difficulty in coping with raising two small children.
Good character - supportive family - good rehabilitation prospects - remorse.

Iskov


NSWSC [1074]
29.9.2010-09-23 Barr AJ

Criminal negligence PG
Mansl
s.86
s.33
Manslaughter
12y
NPP 7y 6m

Total:
18y
NPP 13y 6m
Entered car of estranged wife and assaulted her on wrist and hear with hard, blunt instrument - drove around in victim's car with victim in front seat unable to leave for three and a half hours - car collided with tree - victim killed by impact with windscreen - negligent in failing to obtain medical assistance for injuries, driving around with distressed passenger, failing to ensure victim wearing seat belt and collision with tree - negligence of driving not high
Angered and depressed by marriage breakdown - suffering reactive depression

Nair
(43)

 

NSWDC [124]
Toner SC DCJ

30.6.2011

 

[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

AD Manslaughter but sentence backdated.

 

(AA Count 1 Supply drug only. Sentence reduced and backdated).

 

Total:
7y 6m
NPP 4y 6m

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.

Longstanding drug problem

Smith
(31)

 

[2013] NSWSC 796
Latham J

[2014] NSWCCA 316

 

 

Co-accused: Abrahams

[2013] NSWSC 952 (Murder)

 

Gross negligence

Young Child

 

PG (25%)

Mansl

 

Access after fact to murder

Relatively minor

 

7y

 

 

12y
NPP 9y

 

Total:
16y
NPP 12y

 

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

A (No 5)

(34)

[2015] NSWSC 670

Bellew J

Negligence

Omission to obtain medical treatment / assistance

​VG​Nil​4y 6m

NPP 2y 6m

Female – mother – omission by A to obtain medical treatment over 1 month period for V, her 2 year old son - V suffered physical  injuries and displayed symptoms of being unwell – no evidence A present when V suffered injuries .

Period of offending followed A's hospitalisation following episode of self-harm - A otherwise appropriately attentive to V's needs -  offending behaviour was aberrant – no deliberate decision not to obtain medical assistance - not a case of total abandonment of responsibility by A.

Substantially below mid-range objective seriousness.

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

KJ

(27)

[2016] NSWSC 767

Harrison J

​Criminal negligence

Assault – domestic

Accessory

Young Child

​PG

(40%)

 

(see facts for additional offences)

​Nil​Manslaughter

12y

(20y undiscounted)

 

Aggregate:

14y

NPP 10y 6m

​Mother to four children including 7y male victim- intellectually disabled victim subjected to constant physical and psychological abuse by offender and her partner as method of discipline – lied to police suggesting death result of fall from pogo stick – failed to obtain medical assistance for 24h – all offences committed in presence of siblings (children) – substantial emotional and physical harm – manslaughter most serious case of neglect – other offences vary in seriousness from low to above mid-range

4 x s.61 assault

s.91G(1)(c) child abuse offence

3 x s.91H(2) child abuse offence

s.35(3) reckless wounding in company

s.43A(2) fail to provide necessities

Sched: 2 x fail to provide adequate lodgings

Childhood characterised by violence and sexual abuse – relationships characterised by violence – low intelligence – dependent personality – came under control and influence of co-offender – genuine remorse – assistance – voluntary admission to previously unknown offences