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 - Young Child 

Case

Type

Plea

Record

Sentence

Appeal

Facts

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

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 and leg two weeks earlier.

Ditfort

NSW CCA
17.3.1992

Young child

Assault - domestic

PG

minor

MT 7y 11m

AT 2y 6m

AD

Male 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

VG

nil

MT 3y

AT 2y

AD

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

Low intelligence.

Sempel

NSW CCA
31.3.1994

Young child

PG

recog for neglect of older child

MT 5y 3m

AT 1y 9m

AD

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

Cutmore

NSWSC

Hunt CJ at CL 27.7.1994

Young child

Assault - domestic

PG

no 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

VG

Nil

4y 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

PG

nil

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

PG

no 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 trial

Minor

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

AD

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

Wilkinson(19)

NSWCCA [248] 9.8.1999

Negligence

Young child

General

VG

nil

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)

NSW SC [944]

Barr J 15.9.1999

Substantial Impairment

Young child

Assault - domestic

PG

nil

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

NSWSC [447]

Adams J 23.5.2000

Substantial impairment

Assault – domestic

Young child

PG

nil

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)

NSW SC [648]

Barr J 6.7.2000

Substantial impairment

Young child

Stabbing - domestic

PG

nil

2y 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

Unlawful and dangerous

Young child

General

PG

Nil

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)

NSWSC [876]

Studdert J
31.8.2000

 

NSW CCA [309] 23.8.2001

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)

NSWSC [1113]

Bell J 17.11.2000

Unlawful and dangerous

Assault – domestic

Young child

VG

nil 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

NSWSC [1088]

G.James J 24.11.2000

Substantial impairment

Young child

PG

nil

5y GBB

 

Killed young child intending to then kill self.

Endogenous depression

Remorse and retained family support.

Recalde (23)

NSWSC [1247]

James J 20.12.2000

Young child

Assault - domestic

PG

prior 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)

NSWSC [416]

Wood CJ at CL 25.5.2001

Unlawful and dangerous

Young child

Assault - domestic

PG

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)

NSW SC [769]

Simpson J
1.8.2001

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)

NSWSC [781]

Ireland AJ
7.9.2001

 

Co-offender: HILL

Negligence

Young child

General

PG

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)

NSWSC [978]

Ireland AJ 2.11.2001

 

NSWCCA [16] 23.9.2003

 

Co-offender: ERIKSSON

Negligence

Young child

General

PG

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)

NSWSC [1082]

Bell J
7.12.2001

Substantial impairment

Assault - domestic

Young child

PG

 

Kidnapping

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)

NSW SC [1164

Dunford J 17.12.2001

Unlawful & dangerous

Young child

Assault - domestic

PG

 

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

NSWSC [397]

Greg James
7.5.2002

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)

NSWSC [415]

Kirby J 17.5.2002

Substantial impairment

Young child

General

PG

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

NSW SC [618]

Hulme J 28.6.2002

Unlawful and dangerous

Young child

Assault - domestic

PG

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

NSWCCA [121] 6.5.2003

Negligence

Young child

General

VG

Nil

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)

NSWSC [448]

Adams J 23.5.2003

Unlawful & dangerous

Young child

Assault - domestic

VG

(murder trial)

 

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)

NSWSC [1271]

O’Keefe J 22.8.2003

149 A Crim R 478

Unlawful and dangerous

Assault – domestic

Young child

PG

Priors 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)

NSWSC [1187] 11.12.2003

 

NSWCCA [184] 11.6.2004

(2004) 147 A Crim R 520

Unlawful and dangerous

Assault – domestic

Young child

PG

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)

NSWSC [1257]

Miles AJ 23.12.2003

 

NSW CCA [20] 15.2.2005

62 NSWLLR 346

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)

NSWSC [446]

Adams J 19.4.2004

 

NSWCCA [156] 26.4.2005

Unlawful and dangerous

Assault – domestic

Young child

PG

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

NSWCCA [363] 5.11.2004

Substantial impairment

Assault – domestic

Young child

PG

Nil

5y GBB

Crown 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)

NSWSC [1214]

Latham J 18.11.2005

Criminal negligence

Assault – domestic

Young child

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

RG
(44)

NSWSC [21]

Buddin J 2.2.2006

Substantial Impairment

Young child

Assault - domestic

PG

Minor

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)

NSWSC [812]

Grove J 11.8.2006

 

NSW CCA [30] 28.2.2008

(2008) 181 A Crim R 450

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)

NSWSC [300]

Howie J 5.4.2007

Unlawful and dangerous

Young child

General

VG at 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)

NSWSC [355]

Howie J 19.4.2007

Unlawful and dangerous

Assault – domestic

Young child

PG

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)

NSWSC [429]

Hulme J 27.4.2007

 

NSW CCA [73] 1.4.2008

(2008) 183 A Crim R 1

Unlawful and dangerous

Assault – domestic

Young child

PG

 

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)

NSWSC [809]

Barr J 27.7.2007

Substantial impairment

Assault – domestic

Young child

PG

Nil

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)

NSWSC [1203]

Mathews AJ
26.10.2007

Unlawful and dangerous

Assault – domestic

Young child

PG

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)

NSWSC [204]

Studdert AJ
7.3.2008

Unlawful and dangerous

Assault – domestic

Young child

PG

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)

NSWSC [1368]

Rothman J 18.12.2008

Criminal negligence

Young child

General

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

GJL
(36)

NSWDC [167]

Knox SC DCJ 3.7.2009

Unlawful and dangerous

Assault – domestic

Young child

PG

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

 

NSWSC (No.18) [1003]

Johnson J
28.9.2009

 

NSW CCA [36] 10.3.2011

(2011) 206 A Crim R 67

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)

NSWSC [1043]

Hulme J 2.10.2009

 

NSW CCA [176] 23.2.2011

Negligence – omission

Young child

General

VG

Nil

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)

NSWSC [1120]

Hoeben J
6.11.2009

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)

NSWSC [154]

RA Hulme J
5.3.2010

Unlawful and dangerous

Assault – domestic

Young child

PG

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)

NSWSC [662]

RA Hulme J
17.6.2010

Unlawful and dangerous

Assault – domestic

Young child

PG

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)

NSWSC [834]

RA Hulme J
29.7.2010

 

PTC
[2011] NSWCCA 51

Negligence - omission

Young child

General

PG

 

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)

NSWSC [815]

Hidden J 6.8.2010

Unlawful and dangerous

Assault – domestic

Young child

PG

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)

NSWSC [1273

Adams J
4.11.2010

Unlawful and dangerous

Assault – domestic

Young child

PG

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)

NSWSC [614]

Hidden J 17.6.2011

Substantial impairment

Young child

Drowning

PG

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)

NSWSC [922]

Grove AJ
15.8.2012

Substantial impairment

Young child

Drowning

VG

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.

Forrest
(22)

NSWSC [377]

Fullerton J
19.4.2013

Unlawful & dangerous

Young child

 

PG

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)

NSWSC [796]

Latham J
3.5.2013

 

 

 

 

 

 

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

 

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​Nil4y 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