R v DF [2022] NSWSC 762

Supreme Court New South Wales

Medium Neutral Citation: R v DF [2022] NSWSC 762 Hearing dates: 6 May 2022 Date of orders: 28 June 2022 Decision date: 28 June 2022 Jurisdiction: Common Law - Criminal Before: Garling J Decision: See [66] Catchwords: CRIME — manslaughter — sentence after guilty plea — objectively very serious crime — offence committed by mother of deceased — no mitigating circumstances Legislation Cited: Crimes (High Risk Offenders) Act 2006 Crimes (Sentencing Procedure) Act 1999 ss 3A, 21A, 30E(3), 44(2) Cases Cited: Cheung v The Queen (2001) 209 CLR 1; [2001] HCA 67 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 R v Isaacs (1997) 41 NSWLR 374 The Queen v Olbrich (1999) 199 CLR 270; [1999] HCA 54 Texts Cited: Not Applicable Category: Sentence Parties: The Crown DF (Offender) Representation: Counsel: M Kumar (Crown) I McLachlan (Offender)

Solicitors: Director of Public Prosecutions (Crown) Aquila Lawyers (Offender) File Number(s): 2019/57048 Publication restriction: Suppression order made by Hulme J on 9 April 2021. Suppression order made by Garling J on 8 April 2022.

Judgment 1. On 16 February 2022, DF ("the Offender") pleaded guilty to the manslaughter of her son AAF ("the Deceased") who was then aged 2 years and 5 months. 2. The Offender was arrested on 20 February 2019 and has remained in custody since that time. The trial of the Offender, who was arraigned on a charge of murder, was due to commence before me on 15 February 2022. The Offender had pleaded not guilty to this charge at all times. On 16 February 2022, the Offender pleaded guilty to manslaughter which was accepted by the Crown in full discharge of the indictment. 3. It is now time for the Offender to be sentenced for her crime. The maximum penalty for the offence of manslaughter is 25 years. No standard non-parole period is applicable. The maximum term of imprisonment is a guidepost which a court must have regard to when imposing a sentence: Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 at [27].