Regina v Leanne Charmaine Eriksson [2001] NSWSC 781

New South Wales Supreme Court

CITATION : Regina v Leanne Charmaine Eriksson [2001] NSWSC 781 FILE NUMBER(S) : SC 70204/01 HEARING DATE(S) : 20 August, 2001; 22 August, 2001; 29 August, 2001 JUDGMENT DATE : 7 September 2001

PARTIES : Regina Leanne Charmaine Eriksson JUDGMENT OF : Ireland AJ at 1

COUNSEL : Mr T Hoyle, SC - Crown Mr J Stratton - Offender SOLICITORS : S E O'Connor - Crown Brenda Duchen - Offender CATCHWORDS : Criminal law - Sentencing - Manslaughter by criminal negligence by mother of her 2 year old child - failure to seek medical treatment - failure to separate from non-parental de facto she being aware of maltreatment of victim by him - Plea of guilty - assistance to authorities - undertaking to give evidence against co-accused (charged with murder of child) - Crimes (Sentencing Procedure) Act 1999 - s 44(2) Special circumstances: offender 24 years of age suffering from incurable, progressive, congenital retinal dystrophy, close to legal blindness, will be blind within decade, sentence to be served in strict protection. LEGISLATION CITED : Crimes (Sentencing Procedure) At 1999 - s 44(2) (Special Circumstances) R v Thomas & Houlton (NSW CCA 309 17.8.2000) R v Blacklidge (NSW CCA 12.12.1995) CASES CITED : R v Dodd (1991) 57 A Crim R 349 R v Hill (1981) 3 A Crim R 397 at 402 R v Cartwright (1989) 17 NSWLR 243 DECISION : Sentenced to imprisonment for 3 years deemed to have commenced on 20 August 2000 and expiring on 19 August 2003. Non-parole period of 18 months deemed to have commenced on 20 August 2000 and expiring on 19 February 2002 on which date direct be released to parole. Further direct that in addition to the standard conditions imposed by the regulations governing parole, undertake such parenting and personal development programs as Probation and Parole Service deems appropriate.