R v Smith [2013] NSWSC 796

Supreme Court New South Wales

Medium Neutral Citation: R v Smith [2013] NSWSC 796 Hearing dates: 15 February, 1 and 15 March 2013 Decision date: 03 May 2013 Jurisdiction: Common Law - Criminal Before: Latham J Decision: Convicted of the offence of manslaughter. Sentenced to a fixed term of seven (7) years to date from 22 April 2011 and to expire on 21 April 2018. Convicted of the offence of accessory after the fact to murder. Sentenced to a non-parole period of nine (9) years to date from 22 April 2014, to expire 21 April 2023. Balance of term of four (4) years to expire 21 April 2027. The aggregate sentence is one of sixteen (16) years with a non-parole period of twelve (12) years. Eligible for release on 22 April 2023. Catchwords: CRIMINAL LAW - sentence - guilty plea - manslaughter by gross criminal negligence - accessory after the fact to murder - duty of care as a parent - failure to seek medical treatment for child - top of the range of objective gravity for gross criminal negligence - worst case category for accessory after the fact to murder - general deterrence Category: Sentence Parties: Regina - Crown Robert Smith - Offender Representation: Counsel L Alder - Crown M Austen - Offender Solicitors Solicitor for the Director of Public Prosecutions - Crown D Velcic - Offender File Number(s): 2011/133222

SENTENCE 1The offender, Robert Smith, pleaded guilty in the Local Court on 16 December 2011 to the manslaughter of his de facto partner's six year old daughter by way of gross criminal negligence and to being an accessory after the fact to her murder. Those pleas were confirmed on arraignment in this Court on 3 February 2012. 2The manslaughter was committed on 13 July 2010, while the accessorial offence was committed between 13 July 2010 and 21 April 2011. Each offence carries a maximum penalty of 25 years' imprisonment. 3The offender is to be sentenced on the basis of the following agreed facts.