| Case | Type | Plea | Record | Sentence | Appeal | Facts |
Vaughan
(1991) 56 A Crim R 355 |  | PG | 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. Also sentenced for maliciously inflict GBH for breaking child’s arm two weeks earlier. |
Ditfort
NSW CCA
17.3.1992 |  | 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 | 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. |
Vangelder
NSW CCA
28.2.1994 | unlawful & dangerous | 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
NSWSC
(Studdert J)
25.3.1994 | diminished responsibility | PG | driving offence | MT 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 |  | 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 |  | 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. |
Armstrong
NSW SC
(B-Parker J)
25.8.1995 | negligence | VG | nil | 4 years GBB |  | Mother. 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 responsibility | PG | nil | MT 3y
AT 4y |  | Mother poisoned son on four occasions over several weeks. |
Grierson
NSW CCA
28.10.1996 | diminished responsibility | PG | no relevant convictions | MT 3y
AT 3y |  | Mother threw child across room. One-off episode. Borderline personality disorder. |
Murdoch
NSW CCA
10.12.1998 |  | 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)
NSW CCA [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. |
Dawney
(30)
NSW SC [944]
(Barr J)
15.9.1999 | diminished responsibility | PG | nil | MT 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 & dangerous | 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. 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 responsibility | PG | nil | 2y suspended for 2y |  | Female 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 dangerous | PG | 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.
10% discount for guilty plea. Strict protection. |
Bilton
(32)
NSWSC [1113]
(Bell J)
17.11.2000 | unlawful & dangerous | VG | nil relevant | 7y
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 responsibility | PG | nil | 5y GBB |  | Killed young child intending to then kill self. Suffering endogenous depression.
Remorse and retained family support. |
Recalde
(23)
NSWSC [1247]
(James J)
20.12.2000 |  | 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)
NSWSC [416]
(Wood CJ at CL)
25.5.2001 | unlawful and dangerous | PG | 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)
NSW SC [769]
(Simpson J)
31.8.2001 | infanticide | PG |  | 4y GBB |  | 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)
NSW SC [781]
(Ireland AJ)
7.9.2001
Co-offender: HILL | negligence | PG | insignificant | 3y
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 | 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 be satisfied appellant inflicted injury nor prevented mother from obtaining medical assistance. |
Laupama
(29)
NSW SC [1082]
Bell J
7.12.2001 | diminished responsibility | PG |  | 12y
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 & dangerous | PG |  | 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
NSWSC [397]
Greg James
7.5.2002 | infanticide | 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)
NSW SC [415]
Kirby J
17.5.2002 | substantial impairment | PG 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
NSW SC [618]
Hulme J
28.6.2002 | unlawful & dangerous | PG | 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
NSW CCA [121]
6.5.2003 | criminal negligence | VG | Nil | 5y
NPP 2y | AD | Female - 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 & dangerous | VG
(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 dangerous | PG | 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)
NSW SC [1187]
Miles AJ
11.12.2003
NSW CCA [184]
11.6.2004 | Unlawful and dangerous | PG | 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)
NSW CCA [1257]
Miles AJ
23.12.2003
NSW CCA [20]
15.2.2005
62 NSWLR 346 | Unlawful and dangerous | 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 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 dangerous | PG | 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
(38)
NSW CCA [363]
5.11.2004 | Substantial Impairment | PG | Nil | 5y GBB | Crown AD | Mother 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 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 |
RG
(44)
NSWSC [21]
Buddin J
10.2.2006 | Substantial impairment | 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)
NSWSC [812]
Grove J
11.8.2006 | Unlawful and dangerous | VG | Record for sexual offences against children | 25y
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 dangerous | VG at 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)
NSWSC [355]
Howie J
19.4.2007 | Unlawful and dangerous | PG | 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)
NSWSC [429]
Hulme J
27.4.2007 | Unlawful and dangerous | PG
Sched:
2 x AOABH | Nil | 7y 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 impairment | 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)
NSWSC [1203]
Mathews AJ
26.10.2007 | Unlawful and dangerous | PG
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)
NSWSC [204]
Studdert AJ
7.3.2008 | Unlawful and dangerous | PG | Lengthy – assaults on de facto partners | 10y
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 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 |