| Case | Type | Plea | Record | Sentence | Appeal | Facts |
Elliott (28)
NSWCCA
14.2.1991 | negligence | VG | nil relevant | MT 4y
AT 1y 4m | AA
FT 10m 25d, backdated so immed release | Truck driver collided with passenger coach. Raining. Before commencing journey aware of major fault in braking system which caused accident. Criminality held to be at lower end of scale.
Remorse. |
Stevens (18)
NSWCCA
15.8.1993 | unlawful & dangerous / negligence | PG |  | MT 7y
AT 2y 4m | AA
MT 5y 6m
AT 2y 6m | After drinking spree decided to steal car. Killed owner who was seeking to prevent car being stolen. |
Cameron (19)
NSWCCA 27.9.1994 | negligence | VG | BES, supply, escape | MT 8m
AT 16m | AD | A played with power line with friends and left exposed power line; 15 y o D electrocuted when out walking his dog |
Heyne
NSWSC [429]
18.9.1998 | unlawful & dangerous / negligence | VG | | FT 18m | AD | Arguing with wife. Splashed petrol around living room. Tried to rescue wife but failed. Suffered severe burns himself. |
Hall
NSWSC [738]
(Bell J)
23.7.1999 | omission | PG | minor | 5y GBB | | V lived with A, Hanslow ([1999] NSWSC 739) and Simpson. All intellectually impaired. V beaten by Simpson. A convicted of manslaughter on basis that failed to obtain help for V. Female with good character, intellectual impairment. |
Wilkinson (19)
NSWCCA [248]
9.8.1999 | negligence | VG | nil | MT 3y 6m
AT 3y | AD | Mother failed to protect well being of 6 month old 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. |
Simpson
NSWSC [842]
(Studdert J)
20.8.1999
NSWCCA [284]
12.7.2000 | negligence | PG | supply, possess, cultivate Indian hemp, use heroin | MT 6y
AT 3y | AD | V was electrocuted when trying to get over electrified wire fence set up by A to protect A’s cannabis plants. A found V’s body and disposed of it in bushland. A confessed immediately. Generally good character. |
Cramp
NSWCCA [324]
30.11.1999
110 A Crim R 198 | negligence / unlawful & dangerous | VG | 2 x PCA | MT 7y
AT 2y 4m | AD | “Worst case category”. 55 year old intoxicated male allowed 16y intoxicated female D to drive vehicle at high speed over period of 3 hours and 35 kms. Ran into telegraph pole. 3 young children were passengers in car. A looking after V and children who were neighbours. |
Luong (17)
NSWSC [505]
(Sully J)
8.6.2000 | unlawful & dangerous / negligence | VG | nil | 4y
NPP 2y | | Hosted party for school friends at family home. While displaying gun deliberately fired at 16 year old female friend mistakenly believing no live ammunition in gun.
Excellent subjective features. |
Do
NSWCCA [459]
3.11.2000 | negligence | VG | nil | MT 3y
AT 1y | Crown AD | Driver of heavily laden truck lost control on downward incline of major road colliding with car and crashing into residential property - killed driver of car and occupant of house. Failure to observe warning signal and initial abandonment of responsibility although facts did not establish deliberate acceleration. |
Do
NSWCCA [19]
2.2.2001 | criminal negligence | VG | | MT 18m
AT 18m
(PD) | Conviction AD | Spent night in company with V and friend drinking, smoking heroin and taking rohypnol and playing with V’s shotgun. Pointed gun at V and deliberately pressed after playing with safety catch. A thought he had put safety catch back on. |
McDonald
NSWCCA [301]
2.8.2001
124 A Crim R 17 | negligence | PG | | 7y
NPP 5y | AD | A lived with husband, V (young developmentally retarded boy) and teenage boy (A and husband probably foster carers but not clear from judgment). A and husband knew that teenage boy was violently assaulting V over some 10 days. Did not prevent horrific assaults and failed to get medical assistance for final fatal assault. V died of injuries. A had mild intellectual disability. |
ANG (16)
NSWSC [758]
Ireland AJ
4.9.2001 | negligence | PG | nil | 2y suspended sentence | | Pushed unconscious body of 31 year old 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 with knowledge of offender.
Well respected youth - good family support - deeply affected by incident - rehabilitation. |
Eriksson (23)
NSWSC [781]
(Ireland AJ)
7.9.2001
Co-offender: HILL | negligence | PG | insignificant | 3y
NPP 18m | | Female - Death of 2 year old son 9 days after being thrown into lounge by offender’s de facto. Failure to obtain medical assistance despite deteriorating health of child. Number of serious injuries inflicted on child by de facto over 10-14 days prior to death.
Difficult childhood - remorse - volatile and chaotic relationship with father of children then with co-offender - willing to give evidence against co-offender - will become blind within ten years - strict protection. |
Hill
(23)
NSWSC [978]
(Ireland AJ)
2.11.2001
NSWCCA [978]
23.9.2003
Co-offender: ERIKSSON | negligence | PG | prior convictions | 8y
NPP 6y | AA
6y
NPP 4y 6m | Physically abused 2y son of defacto over several weeks prior to death. Refused to obtain medical treatment. Not satisfied offender inflicted final injury.
Dominant partner in de facto relationship.
On appeal court found SJ could not have been satisfied appellant inflicted injury not prevented mother from obtaining medical assistance |
Styman (24)
NSWSC [93]
Barr J
28.2.2003 | unlawful and dangerous
criminal neg | VG
Mans
PG
Agg BE, commit offence | BES offences | Total:
15y
NPP 10y | | With 2 co-offenders broke into house of elderly female victim living alone - Victim tied and gagged and left in house - Stole cash and property - Unsuccessful 000 call made - Victim died 10-12 days later - Lesser participant - Co-offenders received life sentences for murder - Not aware victim not rescued
Cruel and violent childhood - Genuine remorse - Assistance to police - Truthful at trial - Evidence of rehabilitation - Protective custody |
O’Brien
NSWCCA [121]
6.5.2003 | criminal negligence | VG | Nil | 5y
NPP 2y | AD | 1y o 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 |
Huynh
NSWCCA [1066]
Kirby J
21.11.2003 | Criminal negligence | VG (at murder trial) | Nil | 6y
NPP 3y 6m | | During argument with ex-wife poured methylated spirits around kitchen and lit lighter – Unexpected ignition – No intention to hurt wife
Excellent character evidence, including from V’s parents – Deep remorse – Excellent prospects of rehabilitation – Care of young son – Offered to plead guilty |
George
(58)
NSWCCA [247]
19.8.2004 | Criminal negligence | VG | Nil | 7y
NPP 4y | AA
3y 6m
NPP 2y | Failure to provide proper nutrition, hydration and medical care to 86y mother – found with bed sores, dirty, severely malnourished, dehydration, semi-conscious – mother domineering and refused care and treatment while competent – appellant culpable only for period of incapacity
A probably suffering mild Asperger’s Disorder – characterised by social isolation and difficulties in relating to people – failure to properly take into account |
HMF
(30)
NSWSC [1214]
Latham J
18.11.2005 | Criminal negligence | PG | Record for property offences | 5y
NPP 3y 9m | | Mother scalded 8m daughter in bath – no medical assistance called – no intent to harm
History of drug abuse – suffering drug induced psychosis – judgment significantly impaired – genuine remorse |
Taber
(27)
Styman
(37)
NSWSC [1292]
Studdert J
15.12.2005
Co-offender:
STYMAN | Unlawful and dangerous
Criminal negligence | VG
Mansl
Agg Rob | Nil relevant
Of little significance | Mansl
18y
NPP 13y 6m
Agg Rob
10y
Total
19y
NPP 14y 6m | | Three offenders broke into home of 70y female – V tied up, gagged and left with pillowcase over head – stole $23.300 - 000 call not acted upon – V died after 9 days – carefully planned offence – “most grave crime of manslaughter”
Protective custody – No remorse – Low prospects of rehabilitation |
Justins
(20)
NSWSC [1194]
Howie J
12.11.2008 | Crim negligence | VG
At murder trial | Nil | 30m
NPP 22m
PD | | 72y husband suffering from Alzheimer’s and expressed frequent request to die – co-offender illegally brought in poison from Mexico – arranged for V to drink poison – honestly believed V wanted death – reasonable person would have know V lacked mental capacity to make decision at time of death – unique case |
HA
(29)
NSWSC [1368]
Rothman J
18.12.2008 | Criminal negligence | PG | Nil | 2y suspended sentence | | Failed to obtain medical care for 4y son – Son suffering numerous medical conditions resulting in severe malnutrition – Died from pneumonia and kidney infection – need for medical care would have been obvious to parents – medical care declined due to genuine religious beliefs of HA and husband – Husband older and dominating figure (although not abusive) – breach of trust - child otherwise well cared for – low level of culpability
Mother to ten surviving children – Husband died since arrest – subsequent support of family and providing good care for remaining children – remorse – borderline intelligence |
