Regina v NLH [2010] NSWSC 662

New South Wales Supreme Court

CITATION : Regina v NLH [2010] NSWSC 662

HEARING DATE(S) : 11, 15, 16 June 2010

JUDGMENT DATE : 17 June 2010

JUDGMENT OF : R A Hulme J

DECISION : Sentenced to imprisonment for 4 years 2 months with a non-parole period of 2 years 6 months.

CATCHWORDS : CRIMINAL LAW - sentence - manslaughter - unlawful and dangerous act - 7 week old baby by 18 year old mother - post natal depression - isolation - victim of domestic violence - plea of guilty - assistance to authorities

LEGISLATION CITED : Children (Criminal Proceedings) Act 1987 Crimes (Sentencing Procedure) Act 1999

CATEGORY : Sentence

PARTIES : Regina NLH

FILE NUMBER(S) : SC 2009/7989

COUNSEL : Ms J Baly (Crown) Ms T Evers (Offender)

SOLICITORS : Solicitor for Public Prosecutions Rice More & Gibson

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

R A Hulme J

17 June 2010

2009/7989 Regina v NLH

JUDGMENT 1 HIS HONOUR: The offender stands for sentence for the crime of manslaughter, having killed her seven week old baby in a fit of anger on 4 May 2006.

2 Nothing may be published that would identify the child, or his older sister. That includes the names of his parents: s 15A Children (Criminal Proceedings) Act 1987.

Facts

3 There is a statement of agreed facts before me from which I have derived the following.

4 The offender and PC commenced a relationship when she was 16, she having been born in January 1988. He was six years her senior. She became pregnant and their daughter, PJC, was born in February 2005. PJC was taken into the care of the Department of Community Services at a time when the offender and PC were living in a car and unable to provide adequate parental care. She was returned to them in late 2005. The offender was pregnant again at this stage.