R v HA [2008] NSWSC 1368

New South Wales Supreme Court

CITATION : R v HA [2008] NSWSC 1368

HEARING DATE(S) : 14 November 2008

JUDGMENT DATE : 18 December 2008

JURISDICTION : Common Law

JUDGMENT OF : Rothman J

1. I sentence you to a term of imprisonment of 2 years, commencing 18 December 2008 and concluding 17 January 2010.

2. I order that the execution of the aforesaid sentence be wholly suspended for 2 years and HA be released from custody on condition that she enter into a good behaviour bond for 2 years. DECISION : 3. Such bond shall include the following additional conditions: (i) That HA undergo such counselling as advised by Probation and Parole Service; and (ii) That HA cooperate with officers of the Department of Community Service that may act to ensure that each child of HA is subject to regular medical attention.

CATCHWORDS : CRIMINAL LAW – sentence – manslaughter by criminal negligence – mother failed to take child to medical practitioner – plea of guilty – lower range culpability offence – exceptional case

LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999

CATEGORY : Sentence

Hill v R (1981) 3 A Crim R 397 R v Blacklidge (Court of Criminal Appeal, Gleeson CJ, 12 December 1995, unreported) R v Edwards (1996) 90 A Crim R 510 R v Elliott (Court of Criminal Appeal, Newman J, 14 February 1991, unreported) R v Green [1999] NSWCCA 97 CASES CITED : R v Hoerler [2004] NSWCCA 184 R v Isaacs (1997) 41 NSWLR 374 R v McDonald (Court of Criminal Appeal, 12 December 1995, unreported) R v Schelberger (Court of Criminal Appeal, Yeldham J, 2 July 1988, unreported) R v Warren Alan Forbes [2005] NSWCCA 377; (2005) 160 A Crim R 1 R v Woodland [2001] NSWSC 416 Veen v R (No 2) [1988] HCA 14; (1988) 164 CLR 465