Public Defenders
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Manslaughter - Young Child

This table is intended to be used as a guide only. Individual cases should be read if they are to be relied upon.



CaseTypePleaRecordSentenceAppealFacts
Vaughan
(1991) 56 A Crim R 355
PGnilMT 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. Also sentenced for maliciously inflict GBH for breaking child’s arm two weeks earlier.
Ditfort
NSW CCA
17.3.1992
PGminorMT 7y 11m
AT 2y 6m
ADMale 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 responsibilityVG – murderConviction 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.
Vangelder
NSW CCA
28.2.1994
unlawful & dangerousVGnilMT 3y
AT 2y
ADFemale baby-sitter killed 4 month old baby by shaking. Mistreated baby previously for ‘misbehaviour’.
Low intelligence.
Haynes
NSWSC
(Studdert J)
25.3.1994
diminished responsibilityPGdriving offenceMT 6y
AT 6y
Strangled and suffocated daughter and step-daughter during access after argument with wife. Children had told him they could not see him again and had been subjected to sexual abuse.
Separated from wife. Obsessive personality and depression.
Sempel
NSW CCA
31.3.1994
PGrecog for neglect of older childMT 5y 3m
AT 1y 9m
ADFemale killed 1 month old daughter. Child previously suffering multiple injuries.
Cutmore
NSWSC
(Hunt CJ at CL)
27.7.1994
PGno violenceMT 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.
Armstrong
NSW SC
(B-Parker J)
25.8.1995
negligenceVGnil4 years GBBMother. Conviction based on failure 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 responsibilityPGnilMT 3y
AT 4y
Mother poisoned son on four occasions over several weeks.
Grierson
NSW CCA
28.10.1996
diminished responsibilityPGno relevant convictionsMT 3y
AT 3y
Mother threw child across room. One-off episode. Borderline personality disorder.
Murdoch
NSW CCA
10.12.1998
PGMT 10y
AT 5y
ADMale angered when de facto’s 3y son dirtied clothes. Blow to abdomen and forced child to have cold shower. Few factual details.
Wilkinson
(19)
NSW CCA [248]
9.8.1999
negligenceVGnilMT 3y 6m
AT 3y
ADMother 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.
Dawney
(30)
NSW SC [944]
(Barr J)
15.9.1999
diminished responsibilityPGnilMT 5y
AT 3y
Mother smothered 3y daughter. Father of child taking Family Court action to gain custody.
Suffering major depressive illness and personality disorder. Violent upbringing, history of sexual abuse.
Wang
NSWSC [447]
(Adams J)
23.5.2000
diminished responsibility/ unlawful & dangerousPGnil6y
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. Suffering severe depressive illness at time of offences Daughter suffering from cerebral palsy and A worried no one would look after her.
Sette
(31)
NSWSC [648]
(Barr J)
6.7.2000
diminished responsibilityPGnil2y suspended for 2yFemale removed 1y son from adoptive parents during access visit, stabbed him and hid body in dam. Suffering significant depressive illness for long period of time and in dissociated state at time of killing. Forced into adoption by family. Impulsive killing.
Support of family; remorse; rehabilitation.
Howard
(26)
NSWSC [876]
(Studdert J)
31.8.2000

NSW CCA [309]
23.8.2001
unlawful and dangerousPGprevious convictions including assault on 7 week old daughter7y 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.
10% discount for guilty plea. Strict protection.
Bilton
(32)
NSWSC [1113]
(Bell J)
17.11.2000
unlawful & dangerousVGnil relevant7y
NPP 4y 6m
Punched 2y 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
NSWSC [1088]
(G.James J)
24.11.2000
diminished responsibilityPGnil5y GBBKilled young child intending to then kill self. Suffering endogenous depression.
Remorse and retained family support.
Recalde
(23)
NSWSC [1247]
(James J)
20.12.2000
PGprior convictions including assault on 13 year old child9y
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)
NSWSC [416]
(Wood CJ at CL)
25.5.2001
unlawful and dangerousPGnil8y
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)
NSW SC [769]
(Simpson J)
31.8.2001
infanticidePG4y GBBSmothered 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)
NSW SC [781]
(Ireland AJ)
7.9.2001

Co-offender: HILL
negligencePGinsignificant3y
NPP 18m
Death of 2y 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)
NSW SC [978]
(Ireland AJ)
2.11.2001

NSW CCA [16]
23.9.2003

Co-offender: ERIKSSON
negligencePGprior convictions8y
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 be satisfied appellant inflicted injury nor prevented mother from obtaining medical assistance.
Laupama
(29)
NSW SC [1082]
Bell J
7.12.2001
diminished responsibilityPG12y
NPP 8y
Hung de facto wife’s 5y daughter in noose from pergola following separation from de facto. Major depression. Sexually assaulted as child.
Byrne
(33)
NSW SC [1109]
Dunford J
17.12.01
unlawful & dangerousPG8y 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
NSWSC [397]
Greg James
7.5.2002
infanticidePG3y GBBMother 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)
NSW SC [415]
Kirby J
17.5.2002
substantial impairmentPG Mansl
2 x Att murder
nilFT 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
NSW SC [618]
Hulme J
28.6.2002
unlawful & dangerousPGAR, driving7y 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
NSW CCA [121]
6.5.2003
criminal negligenceVGNil5y
NPP 2y
ADFemale - 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)
NSWSC [448]
Adams J
23.5.2003
unlawful & dangerousVG
(urder trial)
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)
NSWSC [1271]
O’Keefe J
22.8.2003
Unlawful and dangerousPGPriors including assault7y 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)
NSW SC [1187]
Miles AJ
11.12.2003

NSW CCA [184]
11.6.2004
Unlawful and dangerousPGMal damage, burglary, assaults11y
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)
NSW CCA [1257]
Miles AJ
23.12.2003

NSW CCA [20]
15.2.2005
62 NSWLR 346
Unlawful and dangerousVG
(murder trial)
Nil9y
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 god character but troubled background – Deteriorating psychiatric condition – Protective custody
Dalton
(18)
NSWSC [446]
Adams J
19.4.2004

NSW CCA [156]
26.4.2005
Unlawful and dangerousPGNot stated7y
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
(38)
NSW CCA [363]
5.11.2004
Substantial ImpairmentPGNil5y GBBCrown ADMother suffocated 10y autistic son – Suffering major depressive illness – Unable to obtain proper assistance or intervention – Son 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
HMF
(30)
NSWSC [1214]
Latham J
18.11.2005
Criminal negligencePGRecord for property offences5y
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)
NSWSC [21]
Buddin J
10.2.2006
Substantial impairmentPGMinor3y
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)
NSWSC [812]
Grove J
11.8.2006
Unlawful and dangerousVGRecord for sexual offences against children25y
NPP 18y 9m
(cumulative on existing sentence)
Babysitting 3y boy victim – 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)
NSWSC [300]
Howie J
5.4.2007
Unlawful and dangerousVG at murder trialDrugs and dishonesty5y 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)
NSWSC [355]
Howie J
19.4.2007
Unlawful and dangerousPGDishonesty – breached parole6y 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)
NSWSC [429]
Hulme J
27.4.2007
Unlawful and dangerousPG

Sched:
2 x AOABH
Nil7y 6m
NPP 4y 6m
Father killed 7w daughter by asphyxiation – sat on unsettled daughter to stop her crying – assault offences constituted by hitting child on head with hand
Intellectually disable – depressive disorder – frustrated at inability to settle child – good character – remorse – excellent prospects of rehabilitation
Schoultz
(23)
NSWSC [809]
Barr J
27.7.2007
Substantial impairmentPGNil7y
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)
NSWSC [1203]
Mathews AJ
26.10.2007
Unlawful and dangerousPG
Mans
Att pervert course of justice

Sched:
Att pervert course of justice
Record – mostly subsequent to offence6y 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)
NSWSC [204]
Studdert AJ
7.3.2008
Unlawful and dangerousPGLengthy – assaults on de facto partners10y
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)
NSWSC [1368]
Rothman J
18.12.2008
Criminal negligencePGNil2y suspended sentenceFailed 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)
NSWDC [167]
Knox SC DCJ
3.7.2009
Unlawful and dangerous actPGnil6y
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

NSWSC (No.18) [1003]
Johnson J
28.9.2009
Criminal negligence - omissionVG


VG
Nil


Nil
8y
NPP 6y

5y 4m
NPP 4y
Parents of 9m daughter failed to obtain appropriate medical treatment of 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)
NSWSC [1043]
Hulme J
2.10.2009
Criminal negligence - omissionVGNil16y
NPP 12y
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 – unlikely to reoffend – rehabilitation.
Mother [SW] convicted of murder and sentenced to Life
Nguyen (No.2)
(29)
NSWSC [1120]
Hoeben J
6.11.2009
Substantial impairmentVG
2 x mansl
nil6y
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
Genuine remorse
Shepherd
(31)
NSWSC [154]
RA Hulme J
5.3.2010
Unlawful and dangerous actPGRecord including assaults7y
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)
NSWSC [662]
RA Hulme J
17.6.2010
Unlawful and dangerous actPGNil4y 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 rehabililtation prospects.
PFC
(24)
NSWSC [384]
RA Hulme J
29.7.2010
Criminal negligence

Sched:
2 x possess cannabis leaf
PGNil5y 2m
NPP 3y
Failed to obtain medical assistance for his 7 week old baby – knew that NLH, partner and mother of victim, had harmed victim (see R v NLH [2010] NSWSC 662) – NLH had thrown victim into bassinet then pushed bassinet which fell onto the ground – victim hurt – later in evening victim stopped breathing - earlier injuries also found on victim’s body.
Young couple struggling financially – NLH suffering post natal depression
Good character – supportive family – good rehabilitation prospects – remorse.
LC
(32)
NSWSC [815]
Hidden J
6.8.2010
Unlawful and dangerousPGManslaughter (diminished responsibility)– killed stranger at brothel – breached parole14y 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)
NSWSC [1273
Adams J
4.11.2010
Unlawful and dangerousPGminor4y
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



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