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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 - Young Child 

CaseTypePleaRecordSentenceAppealFacts

Vaughan

(1991) 56 A Crim R 355

Young child

Assault - domestic

PG

 

Mal inflict GBH

nil

MT 2y 6m

AT 9m

Crown AA

MT 3y 6m

AT 18m

Young father killed 5 month old child - threw child into lounge from shoulder height several times in response to child's continual crying. Broke child's arm two weeks earlier.

Ditfort

NSW CCA

17.3.1992

Young child

Assault - domestic

PGminor

MT 7y 11m

AT 2y 6m

ADMale punched de facto's child in stomach and head in response to her whingeing - failed to obtain medical assistance - placed child in bed and left house.

Chayna

(1993) 66 A Crim R 178

Diminished responsibility

Young child

Stabbing - domestic

VG

 Murder

  

Conviction AA

manslaughter substituted:

 

MT 6y

AT 6y

Female invited sister-in-law to house and subjected her to 'frenzied attack', hiding body in backyard - later that night stabbed own daughter and left body in room for two days - stabbed second daughter two days later when she returned from camp.

Major depressive illness

Vangelder

NSW CCA

28.2.1994

Unlawful & dangerous

Young child

Assault - domestic

VGnil

MT 3y

AT 2y

AD

Female baby-sitter killed 4 month old baby by shaking - mistreated baby previously for 'misbehaviour'.

Low intelligence.

Haynes

NSW SC

Studdert J

25.3.1994

Diminished responsibility

Young child

Assault - domestic

PGdriving offence

MT 6y

AT 6y

 

Strangled and suffocated daughter and step-daughter during access after argument with estranged wife - children told him they could not see him again and had been subjected to sexual abuse

Obsessive personality and depressive disorder - news from children triggered catastrophic depression

Sempel

NSW CCA

31.3.1994

Young childPGrecog for neglect of older child

MT 5y 3m

AT 1y 9m

ADFemale killed 1 month old daughter - child previously suffering multiple injuries.

Cutmore

NSWSC

Hunt CJ at CL

27.7.1994

Young child

Assault - domestic

PGno violence

MT 15m

AT 21m

 Male killed de facto's 11 month old nephew - child whingeing after falling out of cot - smacked child across the head once.

Barnett

(1994) 71 A Crim R 515

Diminished responsibility

Shooting – domestic

Young child

VG – murder  

Conviction AA

Manslaughter substituted:

 

MT 8y

AT 2y

Minding two step children while working as security guard - children arguing and shot step son at point blank range

Brain damage as a result of car accident - loss of self control

Armstrong

NSW SC

B-Parker J

25.8.1995

Negligence

Young child

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.

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

Grierson

NSWCCA

28.10.1996

Diminished responsibility

Young child

Assault - domestic

PGno relevant convictions

MT 3y

AT 3y

 

Mother threw child across room - one-off episode

Borderline personality disorder

Wilson

(19)

NSWSC

B-Parker

19.12.1997

Assault – domestic

Young child

VG at murder trialMinor

MT 3y

AT 4y 6m

 

Angered at crying of 2m daughter – slapped her to face then shook vigorously causing almost immediate death

Physically abused by mother and sexually abused by step-father – prospects of rehabilitation with aunt in Canada

Murdoch

NSW CCA

10.12.1998

Young child

Assault - domestic

PG 

MT 10y

AT 5y

ADMale angered when de facto's 3y son dirtied clothes - blow to abdomen and forced child to have cold shower - few factual details.

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.

Dawney

(30)

[1999] NSWSC 944

Barr J

Substantial Impairment

Young child

Assault - domestic

PGnil

MT 5y

AT  3y

 

Mother smothered 3y daughter - father of child taking Family Court action to gain custody.

Violent upbringing - history of sexual abuse - major depressive illness - borderline and schizotypal personality disorder - stresses at time of offence

Wang

[2000] NSWSC 447

Adams J

Substantial impairment

Assault – domestic

Young child

PGnil

6y

NPP 4y

 

Female strangled husband and poisoned 1y daughter.  Attempting to kill self when found by police.  Accidentally killed husband trying to keep him from preventing her killing herself and daughter.

Severe depressive illness - daughter suffering from cerebral palsy and worried no one would look after her.

Sette

(31)

[2000] NSWSC 648

Barr J

Substantial impairment

Young child

Stabbing - domestic

PGnil2y suspended for 2y 

Female removed 1y son from adoptive parents during access visit, - stabbed him and hid body in dam - impulsive killing.

Significant depressive illness for long period of time and in dissociated state at time of killing

Forced into adoption by family. Support of family; remorse; rehabilitation.

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.

Howard

(26)

[2000] NSWSC 876

Studdert J

 

[2001] NSWCCA 309

Unlawful and dangerous

Young child

Assault - domestic

PG

(10%)

previous convictions including assault on 7 week old daughter

7y 6m

NPP 5y 6m

AA

Length of sentence confirmed but backdated to take into account PSC

Severe shaking of 8 month old son of de facto.  No pre-meditation but lost temper at time of offence.  Previous shaking of daughter should have heightened awareness of consequences of shaking.

Strict protection.

Bilton

(32)

[2000] NSWSC 1113

Bell J

Unlawful and dangerous

Assault – domestic

Young child

VGnil relevant

7y

NPP 4y 6m

 

Punched two year old son of de facto in chest then severely shook child when child gasping for breath.  Angered by child's crying.  Also sentenced for 2 counts AOABH for throwing tube of ointment at child.

Not living with child and mother, limited intellectual ability, remorse, threatened in custody.

Li

[2000] NSWSC 1088

G.James J

Substantial impairment

Young child

PGnil5y GBB 

Killed young child intending to then kill self.

Endogenous depression

Remorse and retained family support.

Recalde

(23)

[2000] NSWSC 1247

James J

Young child

Assault - domestic

PGprior convictions including assault on 13 year old child

9y

NPP 6y

 

Killed 6 months old son of de facto.  Threw baby onto kitchen bench after scalding self with boiling water.  Water being boiled in preparation for shot of heroin.  Earlier in evening baby burnt on forehead when offender accidentally knocked over lamp while under influence of heroin.  Failed to obtain medical assistance.

Three months PSC; strict protection; remorse; youth; some prospects of rehabilitation.

Woodland

(20)

[2001] NSWSC 416

Wood CJ at CL

Unlawful and dangerous

Young child

Assault - domestic

PG

(20%)

nil

8y

NPP 5y

 

Killed 2y son by forcefully ramming head into refrigerator.  Very young and immature parents living in stressful circumstances with mother's parents.

Evidence of prior good character.  Past problems with anger and aggression.

Cooper

(21)

[2001] NSWSC 769

Simpson J

Infanticide

Young child

Assault - domestic

PG 4y GBB Female - Smothered 7 month old daughter.  Also mother of 2 years old at time of killing.  Difficult and abusive childhood - suffering depression prior to and after birth of all children - unable to cope with responsibility.

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.

Laupama

(29)

[2001] NSWSC 1082

Bell J

Substantial impairment

Assault - domestic

Young child

PG

 

Kidnapping

 

(just under 10%)

assault

12y

NPP 8y

 

Hung de facto wife's five year old daughter in noose from pergola following separation from de facto.

Major depressive illness (additionally diagnosed PTSD, social phobia, substance dependence). Sexually assaulted as child.

Byrne

(33)

[2001] NSWSC 1164

Dunford J

Unlawful & dangerous

Young child

Assault - domestic

PG

(15%)

 

8y 6m

NPP 6y

 Mother killed 5y son under stress of being parent.  Multiple injuries – burning and bruising.  Left child uncovered in cold bathroom in middle of winter. Refrained from seeking medical treatment until too late.

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

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

Webb

[2002] NSWSC 618

Hulme J

Unlawful and dangerous

Young child

Assault - domestic

PG

(10%)

AR, driving

7y 6m

NPP 4y 6m

 

Struck 8 month old baby daughter.  At home alone with 5 children under 6 while wife went out shopping.

Unsettled upbringing.  Aboriginal background.

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

Marshall

(22)

[2003] NSWSC 448

Adams J

Unlawful & dangerous

Young child

Assault - domestic

VG

(murder trial – 20% for offer)

 

6y

NPP 3y 6m

 

Shook 9m son of girlfriend – Minding child while mother at work – Unthinking, momentary anger – No history of abuse

Low intelligence – History of behavioural problems  - Protective custody  - Remorse and contrition

Monroe

(30)

(2003) 149 A Crim R 478

NSWSC

Unlawful and dangerous

Assault – domestic

Young child

VGPriors including assault

7y 6m

NPP 4y

 

Shook 3m baby boy – threw baby on lounge and punched in abdominal area – angry and intoxicated

Depression and heart condition – protective custody

Hoerler

(20)

[2003] NSWSC 1187

Miles AJ

 

(2004) 147 A Crim R 520

NSWCCA

Unlawful and dangerous

Assault – domestic

Young child

PG

(10%)

Mal damage, burglary, assaults

11y

NPP 8y 3m

Crown AA

14y 4m

NPP 10y 9m

Multiple injuries to 7m son of de facto – Punch caused lower teeth into roof of mouth – Punch to abdomen – Clamp to toes causing breaks – Died by asphyxiation or vomit inhalation – 5 unrelated offences taken into account on sentence

Protective custody

Wilson

(30)

[2003] NSWSC 1257

Miles AJ

 

(2005) 62 NSWLR 346

NSWCCA

Unlawful and dangerous

Assault – domestic

Young child

VG

(murder trial)

Nil

9y

NPP 6y 11m

AA

6y

NPP 4y 6m

Fatal shaking to 2y foster son – Impact injuries to child inflicted earlier by husband – Shook child in frustration

Prior good character but troubled background – Deteriorating psychiatric condition – Protective custody

Dalton

(18)

[2004] NSWSC 446

Adams J

 

[2005] NSWCCA 156

Unlawful and dangerous

Assault – domestic

Young child

PG

(10%)

Not stated

7y

NPP 3y 3m

Crown AA

9y

NPP 4y 6m

Forced head of 23m child of de facto against window – Threw child on mattress – Severe head injury – Continuous abuse over long period

Aboriginal with childhood history of physical And emotional abuse – Borderline Personality Disorder

Dawes

[2004] NSWCCA 363

Substantial impairment

Assault – domestic

Young child

PGNil5y GBBCrown AD

Mother suffocated 10y autistic son – Suffering major depressive illness – Unable to obtain proper assistance or intervention – V very difficult to manage – Verbal and physical abuse by husband – Illness and death of family members – Step father physically abusing daughter – Made serious attempt at suicide

Depressive illness

Remorse and contrition – Evidence of rehabilitation with daughter

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

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

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.

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

Mundene

(19)

[2007] NSWSC 355

Howie J

Unlawful and dangerous

Assault – domestic

Young child

PG

(20%)

Dishonesty – breached parole

6y 9m

NPP 3y 9m

(cumulative to revoked parole)

 

Male killed de facto's 7m son by shaking – isolated anger against crying child – warned he could injure child – breach of trust

Aboriginal with disrupted background – drug abuse – immaturity - remorse

Leach

(23)

[2007] NSWSC 429

Hulme J

 

(2008) 183 A Crim R 1

NSWCCA

Unlawful and dangerous

Assault – domestic

Young child

PG

(10%)

 

Sched:
2 x AOABH

Nil

7y 6m

NPP 4y 6m

AA

6y

NPP 3y 6m

Father killed 7w daughter by asphyxiation – sat on unsettled daughter to stop her crying – assault offences constituted by hitting V on head with hand

Intellectually disabled – depressive disorder – frustrated at inability to settle child – good character – remorse – excellent prospects of rehabilitation

Schoultz

(23)

[2007] NSWSC 809

Barr J

Substantial impairment

Assault – domestic

Young child

PGNil

7y

NPP 3y 6m

 

Mother killed 9m daughter – shook baby and head struck against brick fireplace – unable to settle crying child – intent to do GBH – suffering depressive illness and possible other mental conditions exacerbated by cannabis use

Remorse – prior good character

Thurlow

(20)

[2007] NSWSC 1203

Mathews AJ

Unlawful and dangerous

Assault – domestic

Young child

PG

(25%)

Mans

Att pervert course of justice

 

Sched:

Att pervert course of justice

Record – mostly subsequent to offence

6y 9m

NPP 4y 3m

 

Female - Pushed 16w daughter of de facto into futon bed – head hit wooden armrest – frustrated at crying – asked cell mate to confess to killing over 2 months – attempted to have de facto lie about offence

Traumatic childhood resulting in early drug addiction - remorse

Compton

(30)

[2008] NSWSC 204

Studdert AJ

Unlawful and dangerous

Assault – domestic

Young child

PG

(10%)

Lengthy – assaults on de facto partners

9y

NPP 6y 9m

 

Assaulted 17m daughter of de facto – punched victim in stomach and to head – failed to tell mother or obtain medical care – child died next morning – coming down from amphetamines – angry at inability to obtain more drugs – lied to police

Intellectual disability

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

GJL

(36)

[2009] NSWDC 167

Knox SC DCJ

Unlawful and dangerous

Assault – domestic

Young child

PG

(20%)

nil

6y

NPP 4y

 

Mother of 9w baby violently shook baby – using drugs – one off incident

Suffering long term psychiatric problems as a result of sexual assault and drug use

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.

Nguyen (No.2)

(29)

[2009] NSWSC 1120

Hoeben J

Substantial impairment

Assault – domestic

Young child

VG

2 x mansl

nil

6y

NPP 4y

 

Vietnamese mother killed 5y son and 3y daughter – attempted to kill children with rat poison – suffocated both children then took poison herself – made several unsuccessful attempted at suicide - distressed at husband's infidelity and leaving relationship – severe depression – killings had an element of retribution although primarily altruistic

Severe depression

Genuine remorse

Shepherd

(31)

[2010] NSWSC 154

RA Hulme J

Unlawful and dangerous

Assault – domestic

Young child

PG

(12.5%)

Record including assaults

7y

NPP 4y 6m

 

Killed 4m son – had sole care of child after mother died – death caused by blunt force injury to head – accepted handling of child on occasion too rough on more than one occasion – threw child onto bed in frustration - no experience in caring for children and inadequate knowledge – caused fractured ribs on different occasion – offence in lower range

Difficult and traumatic childhood – suffering depression - strong remorse – good prospects of rehabilitation

NLH

(18)

[2010] NSWSC 662

RA Hulme J

 

Co-offender:

PFC

Unlawful and dangerous

Assault – domestic

Young child

PG

(30% plea and assist)

Nil

4y 2m

NPP 2y 6m

 

Killed 7 week old baby – blunt force injury to head - young mother of V and toddler – post natal depression – domestic violence by partner towards V in past

Remorse – good rehabilitation prospects.

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.

LC

(32)

[2010] NSWSC 815

Hidden J

Unlawful and dangerous

Assault – domestic

Young child

PG

(10%)

Manslaughter (diminished responsibility)– killed stranger at brothel – breached parole

14y 6m

NPP 10y 6m

 

Killed 13m stepson – Held baby around the neck and shaking and choking him violently – Threatened mother with knife when she attempted to intervene – threw child on mattress and stomped on chest - Prior assaults over previous five months – slapped, shook, choked and punched baby on four prior occasions – impulsive offence

Aboriginal with difficult childhood – drug and alcohol abuse

Sutton

(19)

[2010] NSWSC 1273

Adams J

Unlawful and dangerous

Assault – domestic

Young child

PG

(25%)

minor

4y

NPP 2y

 

Caused death of 6m daughter through improper handling that a reasonable person would have known carried appreciable risk of harm – nature of assault unclear – probably shaking - no prior violence – 'this act of violence was an isolated aberration inconsistent with the offender's character, in all likelihood a single unpremeditated act of momentary frustration and lack of control in ignorance of the potential for significant injury'

Remorse – very good prospects of rehabilitation – strict protection

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

(murder trial)

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 – offer to plead guilty considered as mitigating factor

Forrest

(22)

[2013] NSWSC 377

Fullerton J

 

Unlawful & dangerous

Young child

Assault - domestic

PG

(10%)

Drugs, assault

8y

NPP 6y

 

In relationship with V's mother – V aged 4 – gave V a bath – repeatedly struck V to head, face and nose causing serious head injuries - struck V in abdomen – position of care and trust – considerable assault but not sustained or premeditated – affected by drugs.

Amphetamine use – dysfunctional upbringing – poorly educated – prone to violent outbursts.

Smith

(31)

[2013] NSWSC 796

Latham J

 

[2014] NSWCCA 316

 

 

Co-accused: Abrahams

[2013] NSWSC 952 (Murder)

Gross negligence

Young Child

PG

(25%)

Manslaughter

 

Accessory after fact to murder

Relatively minor

7y

 

 

12y

NPP 9y

 

Total:

16y

NPP 12y

ADFailed 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

Young Child

VGNil

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

 

(restricted decision)

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 -