R v R F Richards [2002] NSWSC 415

New South Wales Supreme Court

CITATION : R v R F Richards [2002] NSWSC 415 CURRENT JURISDICTION: Common Law Division Criminal List FILE NUMBER(S) : SC 70015/02 HEARING DATE(S) : 27/03/02 10/05/02 JUDGMENT DATE : 17 May 2002

PARTIES : Regina Raigan Frances Richards (Accused) JUDGMENT OF : Kirby J

COUNSEL : D Howard (Crown) A Shand QC (Accused) SOLICITORS : G Rowlands - DPP (Crown) Conditsis & Assocs (Accused) CATCHWORDS : Criminal Law - Sentence - Manslaughter - Substantial Impairment - Attempted murder - Reduced culpability - Appropriate punishment non-custodial - Bond LEGISLATION CITED : Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Savvas v The Queen (1995 183 CLR 1 R v Storey (1997) A Crim R 519 Olbrich v The Queen (1999) 199 CLR 270 The Queen v Blacklidge (unreported, CCA, 12.12.95) CASES CITED : R v Georgina Marie Hill (1981) 3 A Crim R 397 Scognamiglio v R (1991 56 A Crim R 81 R v Sette [2000] NSWSC 648 R v Thomson & Houlton [2000] NSWCCA 309 Pearce v The Queen (1998) 194 CLR 610 DECISION : Ref para 78

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION CRIMINAL list

KIRBY J

Friday 17 May 2002

70015/02 - REGINA v Raigan Frances RICHARDS

JUDGMENT ON SENTENCE 1 KIRBY J: On 27 March 2002, Mrs Raigan Frances Richards was arraigned on three counts, namely: · First, that on 7 February 2001 at Wyee in the State of New South Wales, she did murder Reily Shayne Richards · Secondly, that on 7 February 2001 at Wyee in the State of New South Wales, by administration of carbon monoxide, she did attempt to murder Mahon Richards. · Thirdly, that on 7 February 2001 at Wyee in the State of New South Wales, by administration of carbon monoxide, she did attempt to murder Braedy Richards. 2 Mrs Richards pleaded guilty to the second and third counts of attempted murder. She pleaded not guilty to the first count, murder, but guilty of manslaughter upon the basis that, at the time of the offence, she was substantially impaired by an abnormality of mind. The Crown accepted that plea in full satisfaction of the indictment. 3 It remains for me to now pass sentence. In order to do so, I must determine the facts relevant to the sentencing discretion (Savvas v The Queen (1995) 183 CLR 1). Where facts are adverse, they must be proved beyond reasonable doubt. Where they favour Mrs Richards, it is enough that they should be established on the balance of probabilities (R v Storey (1997) A Crim R 519; Olbrich v The Queen (1999) 199 CLR 270). 4 Reily Shayne Richards was a baby aged almost 21 months. Mahon was aged eleven years and Braedy six years. Mrs Richards was the mother of each child. The circumstances in which Reily died, and the attempt was made upon the lives of Mahon and Braedy, are not in doubt. Mrs Richards, driven by a delusion, which I will shortly describe, attempted to end their lives and her own life by introducing carbon monoxide fumes into the cabin of the motor vehicle in which they all slept. Only Reily died. 5 The circumstances giving rise to this tragedy are complex. However, they are important. They shed light upon the state of mind of Mrs Richards and the extent to which is can be said that she was morally blameworthy.