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 | 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. |
Haynes NSW SC Studdert J 25.3.1994 | Diminished responsibility Young child Assault - domestic | PG | driving 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 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) [1999] NSWCCA 248 | 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) [1999] NSWSC 944 Barr J | 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 [2000] NSWSC 447 Adams J | 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) [2000] NSWSC 648 Barr J | 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 NSWSC Grove J | 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) [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 | 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 [2000] NSWSC 1088 G.James J | 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) [2000] NSWSC 1247 James J | 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) [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 | 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) [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 | VG | 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) [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 | 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) [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 | 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) [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 | Manslaughter25y NPP 18y 9m (concurrent sentence for 66A - cumulative on existing NPP 12y 1m) | AA Manslaughter25y 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 | 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) [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) | 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) [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 | 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) [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 | AD | 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 Young Child | 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 (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 - |