Regina v Dalton [2005] NSWCCA 156

New South Wales Court of Criminal Appeal

Regina v Dalton [2005] NSWCCA 156 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 28 September 2004

JUDGMENT DATE: 26 April 2005

JUDGMENT OF: Santow JA at 1; Hislop J at 2; Smart AJ at 3

DECISION: See para 74 (1)-(3)

CATCHWORDS: Death of child (almost 2) - Manslaughter by an unlawful and dangerous act - objectively grave criminality - sentence manifestly inadequate even allowing for an overall strong subjective case

Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Crimes (Sentencing Procedure) Amendment (Standard Minimum Sentencing) Act 2002

R v Ditford, unrep. 17/3/92 per Hunt CJ at CL R v Fernando (1992) 76 A Crim R 58 CASES CITED: R v Howard [2001] NSWCCA 309 R v Morgan (2003) 57 NSWLR 533 R v Newman, R v Simpson [2004] NSWCCA 102

PARTIES: Regina v Dennis James Dalton

FILE NUMBER(S): CCA 2004/1876

(C) E Wilkins COUNSEL: (R) H Dhanji

(C) S Kavanagh SOLICITORS: (R) S O'Connor

LOWER COURT JURISDICTION: Supreme Court

LOWER COURT FILE NUMBER(S): 70019/03

LOWER COURT JUDICIAL OFFICER: Adams J

IN THE COURT OF CRIMINAL APPEAL 2004/1876 SANTOW JA HISLOP J SMART AJ

Wednesday, 27 April 2005

R egina v D ennis J ames DALTON JUDGMENT

1. SANTOW JA: I agree with Smart AJ

2. HISLOP J: I agree with Smart AJ.

3. SMART AJ: The Director of Public Prosecutions appeals against a sentence of 7 years imprisonment with a non-parole period of 3 years 3 months imposed upon the offender on a charge of manslaughter of the male child of his de facto to which he had pleaded guilty. The agreed basis of the plea was that the offender caused the child's death by an unlawful and dangerous act. The Director contends that the sentence is manifestly inadequate.