Bailey NSWSC Hunt J 18.9.1991 | Unlawful & dangerous Drowning Assault - domestic | | minor | MT 3y AT 1y (discount for assistance) | | Co offender Norton convicted of murder - assaulted flat mate on beach and dragged him to water - died from drowning. Alcoholic - 33% discount for assistance to authorities. |
Wilson (40) [1999] NSWSC 1235 Newman J | Unlawful and dangerous Drowning Assault - domestic | PG | Nil | 3y GBB | | Assaulted father on boat then threw body overboard wrongly believing him to be dead - father drowned - assault in response to threats made by father against offender's girlfriend - father violent record, on bail for conspiracy to murder. Good character - service in Naval Reserve - early acknowledgment of guilt - genuine remorse - suffering abnormality of mind at time of offence. |
ANG (16) [2001] NSWSC 758 Ireland AJ | Negligence Drowning Juvenile | PG | nil | 2y suspended sentence | | Pushed unconscious body of 31y 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 without knowledge of offender. Well respected youth - good family support - deeply affected by incident - rehabilitation. |
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 |
Laing (35) [2004] NSWSC 510 G.James J | Unlawful and dangerous Drowning | PG (25%) | Minor | 6y 6m NPP 3y 6m | | Held head of male boarder under water in bath – dumped body in bush – circumstances of assault unclear – intoxicated Long history of alcohol abuse – unlikely to reoffend – full remorse |
RG (44) [2006] NSWSC 21 Buddin J | Substantial Impairment Young child Drowning | 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 |
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 (at murder trial – offer to plead) | 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 |
MB (35 at offence – 41 at sentence) [2017] NSWSC 619 Beech-Jones J | Substantial impairment Drowning Young child | PG | Nil significant | 4y GBB (little under 2y served in custody) | | 2010 offence - mother either drowned or failed to retrieve 6m daughter from water – reckless indifference to life – breach of trust – not planned Suffering schizoaffective disorder – major depressive disorder with psychotic features – become obsessed that daughter had genetic disorder despite testing showing no abnormality – found not fit to plead and sentenced to limiting term for murder – spent just under 2 years in custody before stabilising and entering plea for manslaughter Good personal support – prospects of rehabilitation – extra curial punishment – importance of supervision and reintegration into community |