This table is intended to be used as a guide only. Individual cases should be read if they are to be relied upon.
(1991) 56 A Crim R 355
Assault - domestic
Mal inflict GBH
MT 2y 6m
MT 3y 6m
MT 7y 11m
AT 2y 6m
(1993) 66 A Crim R 178
Stabbing - domestic
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
Unlawful & dangerous
Female baby-sitter killed 4 month old baby by shaking - mistreated baby previously for 'misbehaviour'.
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
MT 5y 3m
AT 1y 9m
Hunt CJ at CL
(1994) 71 A Crim R 515
Shooting – domestic
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
Mother poisoned son on four occasions over several weeks
Borderline personality disorder - symptoms of Munchausen's Syndrome by Proxy
Mother threw child across room - one-off episode
Borderline personality disorder
Assault – domestic
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
 NSWCCA 248
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.
 NSWSC 944
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
 NSWSC 447
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.
 NSWSC 648
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.
(2000) 116 A Crim R 31
Unlawful and dangerous
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.
 NSWSC 876
 NSWCCA 309
NPP 5y 6m
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.
 NSWSC 1113
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.
 NSWSC 1088
Killed young child intending to then kill self.
Remorse and retained family support.
 NSWSC 1247
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.
 NSWSC 416
Wood CJ at CL
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.
 NSWSC 769
 NSWSC 781
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.
 NSWSC 978
 NSWCCA 16
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.
 NSWSC 1082
(just under 10%)
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.
 NSWSC 1164
 NSWSC 397
Greg James J
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
 NSWSC 415
2 x Att murder
FT 15m 10d
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
 NSWSC 618
Struck 8 month old baby daughter. At home alone with 5 children under 6 while wife went out shopping.
Unsettled upbringing. Aboriginal background.
 NSWCCA 121
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
 NSWSC 448
(murder trial – 20% for offer)
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
(2003) 149 A Crim R 478
Shook 3m baby boy – threw baby on lounge and punched in abdominal area – angry and intoxicated
Depression and heart condition – protective custody
 NSWSC 1187
(2004) 147 A Crim R 520
NPP 8y 3m
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
 NSWSC 1257
(2005) 62 NSWLR 346
NPP 6y 11m
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
 NSWSC 446
 NSWCCA 156
NPP 3y 3m
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
 NSWCCA 363
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
Remorse and contrition – Evidence of rehabilitation with daughter
 NSWSC 1214
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
 NSWSC 21
NPP 1y 3m 2d
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
 NSWSC 812
(2008) 181 A Crim R 450
NPP 18y 9m
(concurrent sentence for 66A - cumulative on existing NPP 12y 1m)
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.
 NSWSC 300
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
 NSWSC 355
(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
 NSWSC 429
(2008) 183 A Crim R 1
Sched: 2 x AOABH
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
 NSWSC 809
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
 NSWSC 1203
Att pervert course of justice
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
 NSWSC 204
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
 NSWSC 1368
(35% plea and assist)
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
 NSWDC 167
Knox SC DCJ
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
 NSWSC 1003
(2011) 206 A Crim R 67
Negligence – omission
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)
 NSWSC 1043
 NSWCCA 176
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.
 NSWSC 1120
2 x mansl
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
 NSWSC 154
RA Hulme J
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
 NSWSC 662
(30% plea and assist)
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.
 NSWSC 834
 NSWCCA 51
Negligence - omission
2 x possess cannabis leaf
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.
 NSWSC 815
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
 NSWSC 1273
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
 NSWSC 614
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
 NSWSC 922
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
 NSWSC 377
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.
 NSWSC 796
 NSWCCA 316
 NSWSC 952 (Murder)
Accessory after fact to murder
A (No 5)
 NSWSC 670
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
 NSWSC 767
(see facts for additional offences)
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 -