Manslaughter Victim Under 18 Years Maximum Penalty: 25 years (s.25 (NSW) Crimes Act) Case Type Plea Sentence Appeal Record Facts (age if known) Ditfort Victim under 18y PG MT 7y 11m AD minor Punched de facto’s child in stomach and head in NSWSC AT 2y 6m response to whingeing - failed to obtain medical 30.11.1989 assistance - placed child in bed and left house Assault - domestic
Loveday J NSWCCA 17.3.1992 Vaughan Victim under 18y PG MT 2y 6m Crown AA nil Young father killed 5-month-old child - threw child into (1991) 56 A Crim R Mansl AT 9m MT 3y 6m lounge from shoulder height several times in
355 AT 18m response to child’s continual crying - broke child’s arm Assault - domestic Mal inflict two weeks earlier
GBH Chayna Diminished VG Conviction AA Female offender - invited sister-in-law to house and (1993) 66 A Crim R responsibility 3 x subjected her to ‘frenzied attack’, hiding body in 178 manslaughter backyard - later that night stabbed own daughter and substituted left body in room for two days - stabbed second Victim under 18y daughter two days later when she returned from camp 3.
MT 6y Major depressive illness Stabbing - domestic AT 6y Convicted at trial of 3 x murder 2 x FT 6y (concurrent) Vangelder Unlawful & VG MT 3y AD nil Female baby-sitter killed 4-month-old baby by shaking NSWCCA dangerous- assault AT 2y - mistreated baby previously for ‘misbehaviour’ 28.2.1994 Low intelligence 4.
Victim under 18y Assault - domestic This table has been prepared by the Public Defenders as a guide. Individual cases should be read if they are to be relied upon.
Case Type Plea Sentence Appeal Record Facts (age if known) Haynes Diminished PG MT 6y driving offence Strangled and suffocated daughter and step-daughter NSWSC responsibility 2 x Mansl AT 6y during access after argument with estranged wife - Studdert J children told him they could not see him again and 25.3.1994 had been subjected to sexual abuse Victim under 18y
Unlawful and dangerous - assault Cutmore Victim under 18y PG MT 15m no violence Male killed de facto’s 11-month-old nephew - child NSWSC AT 21m whingeing after falling out of cot - smacked child Hunt CJ at CL across head once.
Assault – domestic
Electrocution 27.9.1994 Victim under 18y Barnett Diminished Conviction AA Minding two step children while working as security (1994) 71 A Crim R responsibility Manslaughter guard - children arguing and shot step son at point 515 substituted: blank range
Brain damage as a result of car accident - loss of selfShooting – domestic MT 8y control AT 2y Convicted of murder at trial Victim under 18y This table has been prepared by the Public Defenders as a guide. Individual cases should be read if they are to be relied upon.
Case Type Plea Sentence Appeal Record Facts (age if known) Armstrong Criminal negligence VG 4y GBB Nil Mother failed to seek medical attention for four hours NSWSC after child placed in scalding water by de facto - de B-Parker J facto convicted of murder
Victim under 18y 25.8.1995 Failure to provide Hunt Diminished PG MT 3y nil Mother poisoned son on four occasions over several NSWSC responsibility AT 4y weeks Hidden J Borderline personality disorder - symptoms of
2.4.1996 Munchausen’s Syndrome by Proxy Victim under 18y Poison / drug Grierson Diminished PG MT 3y no relevant Mother threw child across room - one-off episode NSWCCA responsibility AT 3y convictions Borderline personality disorder 28.10.1996 12.
Victim under 18y Assault - domestic Wilson Assault – domestic VG MT 3y Minor Angered at crying of 2m daughter – slapped her to (19) (at murder AT 4y 6m face then shook vigorously causing almost immediate NSWSC trial) death Victim under 18y
Unlawful and dangerous - assault This table has been prepared by the Public Defenders as a guide. Individual cases should be read if they are to be relied upon.
Case Type Plea Sentence Appeal Record Facts (age if known) Wilkinson Criminal negligence VG MT 3y 6m AD nil Mother failed to protect wellbeing of 6m son - ignored (19) AT 3y bruises for which de facto offered innocent NSWSC explanations - ignored breathing difficulty - talked out Victim under 18y Wood CJ at CL of taking child to doctor by de facto over 2 days - 15.
9.4.1998 suspected de facto mistreating child - inattentive and Failure to provide disinterested mother [1999] NSWCCA Mother of older daughter born when offender 16y and 248 younger child Dawney Substantial PG MT 5y nil Mother smothered 3y daughter - father of child taking (30) Impairment AT 3y Family Court action to gain custody [1999] NSWSC 944 Violent upbringing - history of sexual abuse - major
dangerous - misc
[1999] NSWCCA Motor vehicle Victim under 18y Wang Unlawful and PG 6y nil Female strangled husband and poisoned 1y daughter [2000] NSWSC 447 dangerous – assault Mansl NPP 4y - attempting to kill self when found by police - Adams J husband accidentally killed husband trying to keep him from preventing her killing herself and daughter Assault – domestic Severe depressive illness - daughter suffering from Mansl 2y cerebral palsy and worried no one would look after
Substantial daughter (concurrent) her impairment Poison / drug Victim under 18y This table has been prepared by the Public Defenders as a guide. Individual cases should be read if they are to be relied upon.
Case Type Plea Sentence Appeal Record Facts (age if known) Sette Substantial PG 2y nil Female removed 1y son from adoptive parents during (31) impairment suspended for access visit - stabbed him and hid body in dam - [2000] NSWSC 648 2y impulsive killing - significant depressive illness for
Juvenile offender Victim under 18y Shooting - domestic Mika Unlawful and PG 2y Nil Husband and wife held down 3y child while mother dangerous - misc suspended poured water down his throat - all held genuine Sagato sentence religious beliefs about demons and believed child needed to be exorcised
Victim under 18y (2000) 116 A Crim Mother of child found mentally ill R 31 Intense religious beliefs – remorse – parents to four Drowning [2000] NSWSC 852 children Grove J Howard Unlawful and PG 7y 6m AA previous Severe shaking of 8-month-old son of de facto - no (26) dangerous - assault (10%) NPP 5y 6m Length of convictions pre-meditation but lost temper at time of offence - [2000] NSWSC 876 sentence including previous shaking of daughter should have heightened
Studdert J confirmed but assault on 7- awareness of consequences of shaking Victim under 18y backdated to week-old Strict protection [2001] NSWCCA take into daughter 309 Assault - domestic account PSC Do Criminal negligence VG MT 3y Crown AD nil Driver of heavily laden truck lost control on downward [2000] NSWCCA 2 x Mansl AT 1y incline of major road colliding with car and crashing 459 (each) into residential property - killed driver of car and 13y
Motor vehicle occupant of house - failure to observe warning signal and initial abandonment of responsibility although Victim under 18y facts did not establish deliberate acceleration This table has been prepared by the Public Defenders as a guide. Individual cases should be read if they are to be relied upon.
Case Type Plea Sentence Appeal Record Facts (age if known) Bilton Unlawful and VG 7y nil relevant Punched 2y son of de facto in chest then severely (32) dangerous - assault Mansl NPP 4y 6m shook child when child gasping for breath - angered [2000] NSWSC by child’s crying - threw tube of ointment at child
1088 Endogenous depression - remorse - retained family G.James J support.
Victim under 18y Recalde Victim under 18y PG 9y prior Killed 6-month-old son of de facto - threw baby onto (23) NPP 6y convictions kitchen bench after scalding self with boiling water - [2000] NSWSC including water being boiled in preparation for shot of heroin - Assault – domestic 1247 assault on 13y earlier in evening baby burnt on forehead when
James J child offender accidentally knocked over lamp while under Unlawful and influence of heroin - failed to obtain medical dangerous - assault assistance Three months PSC - strict protection – remorse – youth - some prospects of rehabilitation Woodland Unlawful and PG 8y nil Killed 2y son by forcefully ramming head into (20) dangerous - assault (20%) NPP 5y refrigerator - very young and immature parents living [2001] NSWSC 416 in stressful circumstances with mother’s parents
Wood CJ at CL Evidence of prior good character - past problems with Victim under 18y anger and aggression Assault - domestic McDonald Criminal negligence PG 7y AD Offender and husband caring for young (2001) 124 A Crim NPP 5y developmentally retarded boy and male teenager - R 17 probably foster carers - aware teenage boy was Failure to provide
[2001] NSWCCA violently assaulting younger boy over some 10 days - 301 did not prevent horrific assaults and failed to get Victim under 18y medical assistance for final fatal assault Mild intellectual disability This table has been prepared by the Public Defenders as a guide. Individual cases should be read if they are to be relied upon.
Case Type Plea Sentence Appeal Record Facts (age if known) Eriksson Criminal negligence PG 3y insignificant Female - 2y son thrown into lounge by de facto – (23) (50% plea NPP 18m failed to obtain medical assistance despite [2001] NSWSC 781 and assist) deteriorating health of child - number of serious Victim under 18y Ireland AJ injuries inflicted on child by de facto over 10-14 days
prior to death Failure to provide Difficult childhood - remorse - volatile and chaotic relationship with father of children then with cooffender - willing to give evidence against co-offender Co-offender: HILL - will become blind within ten years - strict protection Hill Criminal negligence PG 8y AA prior Physically abused 2y son of de facto over several (23) (11%) NPP 6y 6y convictions weeks prior to death - refused to obtain medical [2001] NSWSC 978 NPP 4y 6m treatment Victim under 18y Ireland AJ On appeal found SJ could not have been satisfied offender inflicted final injury on victim nor prevented
[2003] NSWCCA Failure to provide mother from obtaining medical assistance Co-offender:
ERIKSSON Laupama Substantial PG 12y assault Hung de facto wife’s 5y daughter in noose from (29) impairment (just under NPP 8y pergola following separation from de facto [2001] NSWSC 10%) Major depressive illness with PTSD, social phobia,
1082 substance dependence - sexually assaulted as child Assault - domestic Bell J Sched: Kidnapping Victim under 18y Byrne Unlawful & PG 8y 6m Mother killed 5y son under stress of being parent - (33) dangerous - assault (15%) NPP 6y multiple injuries – burning and bruising – left child [2001] NSWSC uncovered in cold bathroom in middle of winter - no
1164 medical treatment until too late Victim under 18y Dunford J Assault - domestic Richards Substantial PG 5y GBB nil Suffering delusional disorder focussed on perceived (39) impairment (25%) (from date of sexual abuse by fathers of children - faced losing [2002] NSWSC 415 Mansl sentence) custody of children at Family Court hearing -
Kirby J attempted to kill self and three children by carbon Victim under 18y 2 x Att murder FT 15m 10d monoxide poisoning - only baby died (immediate Improvement in mental health - protective custody - Poison / drug release) remorse This table has been prepared by the Public Defenders as a guide. Individual cases should be read if they are to be relied upon.
Case Type Plea Sentence Appeal Record Facts (age if known) Webb Unlawful and PG 7y 6m AR, driving Struck 8 month old baby daughter - at home alone [2002] NSWSC 618 dangerous - assault (10%) NPP 4y 6m with 5 children under 6y while wife shopping.
Hulme J Unsettled upbringing - Aboriginal male.
Victim under 18y Assault - domestic O’Brien Criminal negligence VG 5y AD Nil 1y daughter died of malnutrition – refused to take [2003] NSWCCA NPP 2y daughter to hospital when requested by doctor – 121 claimed husband refused hospital treatment and she
BWS Failure to provide Assistance against husband – protective custody Marshall Unlawful and VG 6y Shook 9m son of girlfriend – minding child while (22) dangerous - assault (at murder NPP 3y 6m mother at work – unthinking, momentary anger – no [2003] NSWSC 448 trial - 20% for history of abuse
[2003] NSWSC 1271 Victim under 18y O’Keefe J Hoerler Unlawful and PG 11y Crown AA Mal damage, Multiple injuries to 7m son of de facto – punch forced (20) dangerous - assault (10%) NPP 8y 3m 14y 4m burglary, lower teeth into roof of mouth – punch to abdomen – [2003] NSWSC NPP 10y 9m assaults clamp to toes causing breaks – died by asphyxiation 1187 Sched: or vomit inhalation Assault – domestic Miles AJ 5 unrelated Protective custody 38.
offences (2004) 147 A Crim Victim under 18y
R 520 [2004] NSWCCA This table has been prepared by the Public Defenders as a guide. Individual cases should be read if they are to be relied upon.
Case Type Plea Sentence Appeal Record Facts (age if known) Wilson Unlawful and VG 9y AA Nil Female - fatal shaking to 2y foster son – impact (30) dangerous - assault (at murder NPP 6y 11m 6y injuries to child inflicted earlier by husband – shook [2003] NSWSC trial) NPP 4y 6m child in frustration 1257 Prior good character but troubled background – Assault – domestic Miles AJ deteriorating psychiatric condition – protective 39.
custody (2005) 62 NSWLR Victim under 18y
[2005] NSWCCA Dalton Unlawful and PG 7y Crown AA Not stated Forced head of 23m child of de facto against window (18) dangerous - assault (10%) NPP 3y 3m 9y – threw child on mattress – severe head injury – [2004] NSWSC 446 NPP 4y 6m continuous abuse over long period
[2005] NSWCCA Victim under 18y Dawes Substantial PG 5y GBB Crown AD Nil Mother suffocated 10y autistic son – suffering major [2004] NSWCCA impairment depressive illness – unable to obtain proper 363 assistance or intervention – victim very difficult to manage – verbal and physical abuse by husband – Assault – domestic
illness and death of family members – step father physically abusing daughter – made serious attempt Victim under 18y at suicide Depressive illness - remorse and contrition – evidence of rehabilitation with daughter HMF Criminal negligence PG 5y Record for Mother scalded 8m daughter in bath – no medical (30) (25%) NPP 3y 9m property assistance called – no intent to harm [2005] NSWSC offences History of drug abuse – suffering drug induced
Assault – domestic 1214 psychosis – judgment significantly impaired – genuine Latham J remorse Victim under 18y RG Substantial PG 3y Minor Mother drowned 5m daughter in river – suffering (44) Impairment NPP 1y 3m 2d psychotic illness (substantial impairment in upper [2006] NSWSC 21 (immediate range)
Buddin J release) Protective custody – family and community support – Victim under 18y remorse – good prospects of rehabilitation Drowning This table has been prepared by the Public Defenders as a guide. Individual cases should be read if they are to be relied upon.
Case Type Plea Sentence Appeal Record Facts (age if known) Clare Unlawful and VG 25y AA Record for Babysitting 3y boy – sexually penetrated victim - (35) dangerous - assault Mansl NPP 18y 9m 25y sexual offences victim vomited and choked – applied electrical wires [2006] NSWSC 812 NPP 15y 9m against children in attempt to revive already deceased victim – death Grove J caused by unlawful and dangerous act of anal Victim under 18y
[2008] NSWCCA Rowe Unlawful and VG 5y 6m Drugs and Mother killed 7m son by ingestion of methadone – (26) dangerous - misc (at murder NPP 3y dishonesty struggling to cope with crying baby – sought to settle [2007] NSWSC 300 trial) – distraught at death
Howie J Disturbed childhood resulting in early drug addiction – Victim under 18y onerous custodial conditions Poison / drug Mundene Unlawful and PG 6y 9m Dishonesty – Killed de facto’s 7m son by shaking – isolated anger (19) dangerous - assault (20%) NPP 3y 9m breached against crying child – warned he could injure child – [2007] NSWSC 355 (cumulative to parole breach of trust
Howie J revoked parole) Aboriginal male - disrupted background – drug abuse Assault – domestic – immaturity - remorse Victim under 18y Leach Unlawful and PG 7y 6m AA Nil Father killed 7w daughter by asphyxiation – sat on (23) dangerous - assault (10%) NPP 4y 6m 6y unsettled daughter to stop her crying – assault [2007] NSWSC 429 NPP 3y 6m offences constituted by hitting victim on head with Hulme J Sched: hand Assault – domestic
2 x AOABH Intellectually disabled – depressive disorder – (2008) 183 A Crim frustrated at inability to settle child – good character – R 1 Victim under 18y remorse – excellent prospects of rehabilitation
[2008] NSWCCA Schoultz Substantial PG 7y Nil Mother killed 9m daughter – shook baby and head (23) impairment NPP 3y 6m struck against brick fireplace – unable to settle crying [2007] NSWSC 809 child – intent to do GBH – suffering depressive illness
Case Type Plea Sentence Appeal Record Facts (age if known) Thurlow Unlawful and PG 6y 9m Record – Female - pushed 16w daughter of de facto into futon (20) dangerous - assault (25%) NPP 4y 3m mostly bed – head hit wooden armrest – frustrated at crying [2007] NSWSC Mans subsequent to – asked cell mate to confess to killing over 2 months – 1203 offence attempted to have de facto lie about offence Assault – domestic Mathews AJ Att pervert 16m Traumatic childhood resulting in early drug addiction - course of NPP 9m remorse
Victim under 18y justice Total: Sched: 7y 6m Att pervert NPP 5y course of justice CK Unlawful and PG 6y Priors – 17y walking down main street of town late at night – (15) dangerous - assault (25%) NPP 4y breached bond headbutted by CK – punched to head by TS – unprovoked attack – died of subarachnoid TS PG 6y nil haemorrhage Assault – general
(15) (25%) NPP 3y 6m Drug and alcohol abuse – difficult childhoods [2007] NSWSC Juvenile offender 1424 Latham J Victim under 18y Compton Unlawful and PG 9y Lengthy – Assaulted 17m daughter of de facto – punched victim (30) dangerous - assault (10%) NPP 6y 9m assaults on de in stomach and to head – failed to tell mother or [2008] NSWSC 204 facto partners obtain medical care – child died next morning –
Studdert AJ coming down from amphetamines – angry at inability Assault – domestic to obtain more drugs – lied to police Intellectual disability Victim under 18y Williamson Excessive self PG 5y Nil Stabbed 15y male once in abdomen with broken (19) defence (15%) NPP 2y 6m glass drug smoking pipe during fight at party in [2008] NSWSC 686 bushland – fight provoked by victim jealous of James J offender’s relationship with ex-girlfriend – assaulted Stabbing – general
by victim and others – sustained head injury – spontaneous offence – intent to cause GBH – Victim under 18y intoxicated Disrupted childhood – substance abuse – good prospects of rehabilitation This table has been prepared by the Public Defenders as a guide. Individual cases should be read if they are to be relied upon.
Case Type Plea Sentence Appeal Record Facts (age if known) HA Criminal negligence PG 2y suspended Nil Failed to obtain medical care for 4y son – son (29) (35% plea sentence suffering numerous medical conditions resulting in [2008] NSWSC and assist) severe malnutrition – died from pneumonia and Victim under 18y 1368 kidney infection – need for medical care would have Rothman J been obvious to parents – medical care declined due Failure to provide 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 Unlawful and PG 6y nil Mother of 9w baby violently shook baby – using drugs (36) dangerous - assault (20%) NPP 4y – one off incident [2009] NSWDC 167 Suffering long term psychiatric problems as a result of
Knox SC DCJ sexual assault and drug use Assault – domestic Victim under 18y T Sam Criminal negligence VG 8y AD Nil Parents of 9m daughter failed to obtain appropriate NPP 6y medical treatment for eczema over many months – father a trained homeopath – each offender well Victim under 18y M Sam VG 5y 4m Nil educated - upon examination at hospital found to be NPP 4y in severe pain, malnourished, dehydrated, severe skin [2009] NSWSC Failure to provide condition and ulcerated eyes – died from infection – 1003 serious case of negligence - seriousness of medical
Johnson J condition clear – failure constituted cruelty Subsequently have 3y son – successfully treated for (2011) 206 A Crim eczema – delay in charging – effect of imprisonment R 67 on son exceptional circumstances – limited insight [2011] NSWCCA into offences 36 T Sam – narcissistic personality traits – rigid reliance upon homeopathic remedies M Sam - compliant woman This table has been prepared by the Public Defenders as a guide. Individual cases should be read if they are to be relied upon.
Case Type Plea Sentence Appeal Record Facts (age if known) BW (No 3) Criminal negligence VG 16y AD Nil Father of 7y daughter who died from starvation and (46) NPP 12y neglect – victim suffered developmental delay and [2009] NSWSC autism – left in bedroom in unhygienic conditions - Victim under 18y 1043 ignored daughter - worst case 56.
Hulme J Mother convicted of murder - [2009] NSWSC 1043 / Failure to provide [2013] NSWCCA 103 [2011] NSWCCA Unlikely to reoffend – rehabilitation.
Nguyen (No.2) Substantial VG 5y nil Vietnamese mother killed 5y son and 3y daughter – (29) impairment 2 x NPP 3y attempted to kill children with rat poison – suffocated [2009] NSWSC manslaughter (each) both children then took poison herself – made several 1120 unsuccessful attempts at suicide - distressed at Assault – domestic
knowledge – caused fractured ribs on different Victim under 18y occasion – offence in lower range Difficult and traumatic childhood – suffering depression - strong remorse – good prospects of rehabilitation HT Excessive self PG 6y nil Fatally stabbed 17y youth on train – victim’s group (16) defence (15%) NPP 3y pursued offender’s group on train – victim stabbed [2010] NSWSC 324 Mansl several times to chest when he approached offender Hidden J throwing punches – carried knife for personal Juvenile offender Carry knife in FT 3m protection
Case Type Plea Sentence Appeal Record Facts (age if known) NLH Unlawful and PG 4y 2m Nil Female killed 7 week old baby – blunt force injury to (18) dangerous - assault (30% plea NPP 2y 6m head - young mother of victim and toddler – post natal [2010] NSWSC 662 and assist) depression – violence of partner towards victim in
Co-offender: PFC Victim under 18y PFC Criminal negligence PG 5y 2m AD Nil Failed to obtain medical assistance for 7w baby (24) (5%) NPP 3y knowing partner and mother of victim had harmed [2010] NSWSC 834 victim – NLH threw victim into bassinet then pushed Victim under 18y RA Hulme J Sched: bassinet which fell onto ground – victim stopped 2 x possess breathing later in evening - earlier injuries also found Failure to provide
NLH LC Unlawful and PG 14y 6m Manslaughter Killed 13m stepson – held baby around the neck while (32) dangerous - assault (10%) NPP 10y 6m (diminished shaking and choking him violently – threatened [2010] NSWSC 815 responsibility)– mother with knife when she attempted to intervene – Hidden J killed stranger threw child on mattress and stomped on chest - prior Assault – domestic
character – probably single unpremeditated act of Victim under 18y momentary frustration and lack of control in ignorance of potential for significant injury Remorse – very good prospects of rehabilitation – strict protection This table has been prepared by the Public Defenders as a guide. Individual cases should be read if they are to be relied upon.
Case Type Plea Sentence Appeal Record Facts (age if known) LTN Substantial PG 4y nil Suffering from schizoaffective disorder – drowned 2y (29) impairment (20%) NPP 2y daughter in canal – had been seeking to kill herself as [2011] NSWSC 614 well – impairment of very high order
and assist) Evidence of rehabilitation – assistance against father Stabbing – general of co-offender for accessory after fact to murder Rob in Co FT 3y 6m Victim under 18y (concurrent) Duncan Motor vehicle PG 9y 6m AD Female driving car load of passengers 3am on (36) 2 x NPP 5y country road – encouraged male driver to reach [2012] NSWCCA Manslaughter (each) excessive speeds on journey out – on return journey Victim under 18y 78 sought to better speed – passengers asking offender
3 x Agg FT 3y to slow down - missed bend and collided with trees – dangerous four passengers aged under 18y driving Total: Remorse – mother to children – excellent prospects of causing GBH 12y 6m rehabilitation NPP 8y Rees Substantial VG 5y nil Female – drowned 17mth daughter by leaving in bath (27) impairment (at murder NPP 3y 2m Ongoing destructive cruel relationship with father of [2012] NSWSC 922 trial – offer to child – lack of support - depression and
Grove AJ plead) depersonalisation led to actions which couldn't Victim under 18y properly assess and control - otherwise loving and exemplary mother - good prospects rehabilitation Drowning JC Unlawful and PG 5y 6m nil Female – stabbed 16y brother of de facto at (17) dangerous - stabbing (modest) NPP 3y offender’s flat – reason for killing unclear – [2012] NSWSC spontaneous offence 1393 Troubled background – drug and mental health Juvenile offender
Barr AJ problems – probably in dissociative state at time of killing – remorse – chronic physical illness Stabbing – domestic Victim under 18y This table has been prepared by the Public Defenders as a guide. Individual cases should be read if they are to be relied upon.
Case Type Plea Sentence Appeal Record Facts (age if known) Forrest Unlawful and PG 8y Drugs, assault In relationship with 4y victim’s mother – gave victim a (22) dangerous - assault (10%) NPP 6y bath and repeatedly struck him to head, face and [2013] NSWSC 377 nose and abdomen – position of care and trust –
316 false accounts of disappearance and laid false trails Total: for over nine months – aware victim subjected to long 16y term physical abuse at hands of mother – acted out of NPP 12y loyalty to de facto – manslaughter top of range – accessory worst case Co-offender sentenced for murder: Abrahams JP Unlawful and VG 10y Nil Attended party uninvited - part of deliberate and (15) Dangerous - assault (murder trial) NPP 7y unprovoked attack by six members of group on male [2014] NSWSC 698 guest – during sustained assault struck victim over Hall J head with bottle causing death Assault - general
Case Type Plea Sentence Appeal Record Facts (age if known) Robertson Unlawful and PG 10y 8m AD Part of a joint criminal enterprise involving unlawful (44) dangerous - stabbing (15%) NPP 8y and dangerous act – agreement to "rough up" or [2014] NSWSC assault male target in return for drugs – offender 1401 drove co-offender to place where target worked – Accessory Harrison J stayed in car – co-offender mistakenly and fatally stabbed 15y son of target in chest - no knowledge co72. [2015] NSWCCA Stabbing – general offender armed with knife/weapon or would kill or 251 inflict GBH Victim under 18y Rehabilitation prospects – good family support – no previous violence Co-offender sentenced for murder: McArthur [2014]
NSWSC 1401 AN Accessory PG 5y 11m Nil prior – Present in group of 6 during attack on 17y victim (15) (15%) NPP 3y subsequent outside a party – victim struck to head with wine bottle [2014] NSWSC break and enter and died of head injuries – intentional and Juvenile offender 1879 (Order made to offences unprovoked attack – attack was retaliation for victim Hall J remain in speaking to police after being robbed months earlier – Unlawful and juvenile did not strike victim and not initiator of attack – bottom
[2015] NSWSC 308 dangerous - assault detention until of hierarchy of co-offenders Hall J 21 years) Good prospects of rehabilitation Assault – general Co-offenders: JP Victim under 18y JH JH Accessory VG 10y AD nil Present in group of 6 during attack on 17y victim (15) (at murder NPP 7y outside a party – victim struck to head with wine bottle [2014] NSWSC trial) and died of head injuries – intentional and Juvenile offender 1878 unprovoked attack – attack was retaliation for victim Hall J speaking to police after being robbed months earlier – Unlawful and part of group decision to attack victim
[2017] NSWCCA dangerous - assault Assault – general Co-offenders: JP Victim under 18y AN This table has been prepared by the Public Defenders as a guide. Individual cases should be read if they are to be relied upon.
Case Type Plea Sentence Appeal Record Facts (age if known) A (No 5) Criminal negligence VG 4y 6m Nil Female – failure to obtain medical treatment for 2y (34) NPP 2y 6m son over one month - victim suffered physical injuries [2015] NSWSC 670 and displayed symptoms of being unwell – no Victim under 18y Bellew J evidence offender present when injuries inflicted - period of offending followed offender’s hospitalisation Failure to provide for episode of self-harm - otherwise appropriately
attentive to child’s needs - offending behaviour was aberrant – no deliberate decision not to obtain medical assistance - not total abandonment of responsibility - substantially below mid-range Difficult background – mental illness / health – unlikely to re-offend KJ Criminal negligence PG Manslaughter nil Mother to four children including 7y male victim - (27) (40%) 12y intellectually disabled victim subjected to constant [2015] NSWSC 767 physical and psychological abuse by offender and her Victim under 18y Harrison J (see facts for Aggregate: partner as method of discipline – lied to police additional 14y suggesting death resulted from fall off pogo stick – Failure to provide offences) NPP 10y 6m 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 midrange
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 This table has been prepared by the Public Defenders as a guide. Individual cases should be read if they are to be relied upon.
Case Type Plea Sentence Appeal Record Facts (age if known) MB Substantial PG 4y GBB Nil significant 2010 offence - mother either drowned or failed to (35 at offence – 41 impairment retrieve 6m daughter from water – reckless at sentence) (little under 2y indifference to life – breach of trust – not planned [2017] NSWSC 619 PSC) Suffering schizoaffective disorder – major depressive Drowning Beech-Jones J disorder with psychotic features – became obsessed that daughter had genetic disorder despite testing
Victim under 18y 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 Toohey (No 2) Unlawful and VG 7y 6m Not relevant Killed 11m daughter of partner - isolated and tragic (38) dangerous act - (murder trial) NPP 4y 6m incident - lost control on one occasion and inflicted [2017] NSWSC assault several head injuries - under pressure of sole 1217 parenting - inflicted blows in frustration – did not Fagan J intend harm but reasonable person would have
Victim under 18y realised likely to cause serious harm - considerable distress - violence not prolonged - no gratuitous or Assault - domestic deliberate cruelty.
Lack of express remorse – low likelihood of reoffending.
BT Unlawful and PG 8y Lengthy but Killed 8w daughter by blow to back of head – (25) dangerous - assault (20%) NPP 5y much circumstances of killing unknown – serious breach of [2017] NSWSC insignificant – trust – spontaneous offence 1600 some common Difficult and violent childhood – remorse – some Victim under 18y
Case Type Plea Sentence Appeal Record Facts (age if known) Chandler Unlawful and PG 19y AA breached bail – Offender driving stolen car in police pursuit – drove (22) dangerous - misc (5%) NPP 13y 15y 8m lengthy record through backyard killing 18m child – continued driving [2017] NSWSC Mansl NPP 10y 6m – many driving through park with adults and children and pursuit 1758 offences – terminated – never held a licence to drive – previously Motor vehicle Johnson J Sched: aggravating lived in area and aware of proximity of park through Take and factor backyard – held actual realisation of appreciable risk [2023] NSWCCA Victim under 18y drive MV of serious injury – at gravest end of spectrum - 80.
59 Drive aggravated by being committed in home of victim unlicenced Extremely dysfunctional and difficult childhood Police pursuit resulting in early and heavy drug abuse – mental offence health issues – Bugmy considerations – institutionalised criminal – protective custody due to nature of offence On appeal: manifestly excessive TP Criminal negligence PG 4y minor traffic Mother failed to remove 12y daughter from danger (mid 30s) (20% plea NPP 18m and obtain medical treatment – aware victim brutally [2018] NSWSC 369 and assist) subjected to severe physical abuse over many years Victim under 18y Hamill J by male partner – aware of extent and seriousness of abuse – offender and second daughter also subjected Failure to provide to abuse – failed to obtain medical treatment after
threats by partner and fear of losing children although on occasions obtained treatment for herself Suffering batter women’s syndrome – PTSD and depression – significantly reduced culpability – onerous effect of custody Male partner sentenced for murder JK [2018] NSWSC ES (No.2) Unlawful and PG 8y AD Nil Shaken baby killing – shook 3-month-old daughter (33) dangerous - assault (12%) NPP 5y when trying to settle her - sudden loss of self-control [2018] NSWSC in challenging circumstances – impact of offender’s 1708 Sched: PTSD on capacity to manage stresses of early Victim under 18y
McCallum J AOABH on parenting taken into account reducing moral same victim culpability - offence also involved some force [2019] NSWCCA Assault - domestic Difficult background – refugee from Iran – good 262 character – well regarded – mental health issues - reasonable prospects of rehabilitation This table has been prepared by the Public Defenders as a guide. Individual cases should be read if they are to be relied upon.
Case Type Plea Sentence Appeal Record Facts (age if known) AS Criminal negligence PG 3y Female - failed to remove 2y 8m daughter from (22) (50% plea NPP 16m abusive domestic relationship with partner and failed [2018] NSWSC 930 and to obtain medical treatment – death of victim caused Victim under 18y Fullerton J assistance) by assaults of male partner over two days – sustained assaults on child in week before fatal assault –
Failure to provide offender also subjected to physical abuse and control by male partner History of sexual and physical abuse at hands of father, step mother and subsequent partners – chronic and complex mental health issues – good character DF Victim under 18y PG 14y 3m Minor fraud. Female – mother killed own son / child aged 2 years 5 (25; 29 at (5%) NPP 10y 8m Not significant. months – death caused by assault – blunt force sentence) injuries / trauma using hands or fists to victim’s head, Assault – Domestic
[2022] NSWSC 762 abdomen, chest – multiple internal injuries and Garling J bruising – failed to call ambulance or take to hospital Unlawful and when victim appeared unwell.
dangerous - assault Unable to make any finding as to rehabilitation.
Smith Criminal negligence VG 4y 9m Lesser Offender failed to fulfil legal duty to assist injured (31) (murder trial – NPP 3y 6m offences – 6m child in his sole care – circumstances and [2022] NSWSC 10% for offer breached perpetrator of fatal assault on 6m child not Victim under 18y 1651 to plead) conditional established –– victim in sole care of offender – Wilson J liberty partially motivated by concern to avoid police
Good subjective case – remorse, prospects of 2 x cause 1y 4m 1y 1m rehabilitation, prior good character - ADHD.
bodily harm CCA: sentence manifestly excessive.
Aggregate Aggregate 28y 20y NPP 21y NPP 15y This table has been prepared by the Public Defenders as a guide. Individual cases should be read if they are to be relied upon.
Case Type Plea Sentence Appeal Record Facts (age if known) Rudolph Unlawful and PG 8y Possess drugs, 13-week-old baby – “vigorous” intentional shaking (24) dangerous - assault (10%) NPP 6y damage while head unsupported – in relationship with [2023] NSWSC 181 property. On deceased’s aunt – incident occurred whilst caring for RA Hulme J conditional victim – had been awake all night having consumed Victim under 18y
Drug addiction - deprived and dysfunctional childhood, neglect, physical and emotional abuse, exposure to violence, drugs – reduced moral culpability – no remorse – potential for rehabilitation.
TB Assault – general PG 7y 6m nil One of group of people bashed 16y male victim over (13y 3m) (25%) NPP 4y 6m 33 minutes – victim suspected of stealing airpods so [2024] NSWSC 447 lured to home of owner – victim assaulted by adult Unlawful and RA Hulme AJ male in bedroom while offender and others looked on dangerous – assault – when adult male left offender and others continued assault – offender stomping on victim’s chest - Accessorial sustained and extremely vicious assault involving 88.
kicking, punching and stomping – attack filmed Moral culpability reduced by youth and background of serious neglect, trauma, violence and transience – cultural disconnection – mental health issues – genuine remorse – good prospects of rehabilitation Co-offenders sentences for murder:
BE [2023]; BL [2024]; AD [2024] MR (No.5) Stabbing – general VG 4y 6m Breached bond Stabbed male victim once in chest outside house at (17) (at murder NPP 2y 6m for AR – no night – believed victim pulling knife from pants after [2024] NSWSC 912 trial – 25% for other record physical altercation – offender had punched victim Excessive self Huggett J offer) once to head after victim had accused offender’s defence girlfriend of indecent assault and acted in provocative manner – spontaneous and unplanned act – carried knife for protection after being victim of stabbing several years earlier – did not attend house for
Case Type Plea Sentence Appeal Record Facts (age if known) Craig Assault – domestic PG 9y Nil prior – fraud (1987) Mother hit 2y 5m daughter with irrigation pipe (25 at offence / 62 (25%) NPP 6y offence in 2009 as discipline – member of cult strictly controlled by at sentence) leader who required physical discipline of children - Unlawful and [2024] NSWSC body of victim burned by leader, offender moved dangerous - assault 1059 overseas and lied about whereabouts of daughter – N.Adams J prolonged assault – breach of trust – home of victim –
not act of gratuitous cruelty – above mid-range s.21B not applicable – old sentencing patterns applied Subsequently struggled with substance abuse and gambling – mental and physical health issues – late and genuine remorse – reasonable prospects of rehabilitation – special circumstances to reflect historical patterns JM Excessive self - VG 5y Nil (mental Violent melee outside fast food restaurant – 17y (17) defence NPP 2y 9m health victim had been aggressive and threatening towards [2024] NSWSC dismissal – offender in preceding days – sought out offender and 1345 treated as clear initiated confrontation – at one point offender Stabbing – general Dhanji J record) assaulted while on ground by group – perception of danger increased by mental health and cognitive Fight - stabbing deficiencies – swung knife at victim three times –
significant level of threat – objectively exposed to risk of serious injury or death – believed necessary to defend self but not reasonable response – failed to take potential escape route – intent GBH only Long term impairments – anxiety, FASD and ADHD – cognitive and verbal deficits – very good prospects of rehabilitation – unlikely to re-offend – co-operation and conduct during trial – vulnerability in custody This table has been prepared by the Public Defenders as a guide. Individual cases should be read if they are to be relied upon.
Case Type Plea Sentence Appeal Record Facts (age if known) AD Stabbing – VG Indicative On conditional Joint criminal enterprise / extended JCE – fight (17 at offence; 20 fight/brawl Manslaughter 6y liberty between two groups - five co-offenders armed with at sentence) (at murder knives attended home of rival group – offenders initial [2024] NSWSC trial - 25% aggressors, goaded victims to come outside to fight – Stabbing general 1650 early offer) victims armed with zombie knife, machete, golf clubs Hamill J – element of self-defence when victim’s group Accessorial s.27 Attempt 5y responded with extreme aggression and gained upper
YA Karise Stabbing – VG Indicative Dishonesty Joint criminal enterprise / extended JCE – fight (21 at offence; 25 fight/brawl Manslaughter 4y 6m between two groups - five co-offenders armed with at sentence) (at murder knives attended home of rival group – offenders initial [2024] NSWSC trial - 25% aggressors, goaded victims to come outside to fight – Stabbing general 1650 early offer) victims armed with zombie knife, machete, golf clubs Hamill J – element of self-defence when victim’s group Accessorial s.27 Attempt 8y responded with extreme aggression and gained upper
Case Type Plea Sentence Appeal Record Facts (age if known) Diallo Stabbing – VG Indicative Affray, wield Joint criminal enterprise / extended JCE – fight (20 at offence; 23 fight/brawl Manslaughter 3y 9m knife in public between two groups - five co-offenders armed with at sentence) (at murder place, drug knives attended home of rival group – offenders initial [2024] NSWSC trial - 25% offence aggressors, goaded victims to come outside to fight – Stabbing general 1650 early offer) victims armed with zombie knife, machete, golf clubs Hamill J – element of self-defence when victim’s group Accessorial s.27 Attempt 6y responded with extreme aggression and gained upper Murder NPP 3y 9m hand in conflict - AD inflicted single stab wound to 94.
Unlawful and chest of male deceased – Karise stabbed victim EO dangerous act – s.33(1)(b) 3y (s.27 attempt murder) – victim EC stabbed but identity stabbing Cause GBH NPP 2y of perpetrator unknown (s.33(1)(b)) - some planning Co-offenders: with intent to Childhood marked by significant exposure to violence AD cause GBH Aggregate: in war torn country – difficult schooling – drug abuse – KARISE 7y 6m childhood deprivation; Bugmy - reasonable prospects AG NPP 5y rehabilitation.
YA AG Stabbing – VG Indicative Joint criminal enterprise / extended JCE – fight (17 at offence; 21 fight/brawl Manslaughter 3y between two groups - five co-offenders armed with at sentence) (at murder knives attended home of rival group – offenders initial [2024] NSWSC trial - 25% aggressors, goaded victims to come outside to fight – Stabbing general 1650 early offer) victims armed with zombie knife, machete, golf clubs Hamill J – element of self-defence when victim’s group Accessorial s.27 Attempt 4y 6m responded with extreme aggression and gained upper
YA This table has been prepared by the Public Defenders as a guide. Individual cases should be read if they are to be relied upon.
Case Type Plea Sentence Appeal Record Facts (age if known) YA Stabbing – PG Indicative AD Nil Joint criminal enterprise / extended JCE – fight (17 at offence; 20 fight/brawl (25%) 3y 9m between two groups - five co-offenders armed with at sentence) Manslaughter knives attended home of rival group – offenders initial [2024] NSWSC aggressors, goaded victims to come outside to fight – Accessorial 1650 PG victims armed with zombie knife, machete, golf clubs Hamill J (5%) – element of self-defence when victim’s group Unlawful and s.33(1)(b) 4y 9m responded with extreme aggression and gained upper dangerous act - Cause GBH hand in conflict - AD inflicted single stab wound to
AD with intent to Aggregate: KARISE cause GBH 6y 9m DIALLO NPP 4y 3m AG Walker Unlawful and PG 10y 9m Extensive (1998) 13y boy staying at friends place died when (31 at time of dangerous act – misc (10%) NPP 6y 6m record – offender threw molotov cocktail into backyard of offence) Manslaughter breached house causing fire – died of burns and complications [2025] NSWSC parole by several months later – believed occupier of home Fire 1602 Sched: commission of responsible for pouring paint over offender’s wife’s car
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