R v Warren Ross [2014] NSWSC 707

Supreme Court New South Wales

Medium Neutral Citation: R v Warren Ross [2014] NSWSC 707 Hearing dates: 28-31 October 2013, 4-8 November 2013, 11-15 November 2013, 19-22 November 2013, 25-29 November 2013, 2-3 December 2013, 28 February 2014, 9 May 2014 Decision date: 30 May 2014 Jurisdiction: Common Law Before: Rothman J Decision: Sentenced to imprisonment for a non-parole period of 30 years, commencing 27 September 2011 and concluding 26 September 2041, and a balance of term being a further 10 years, expiring on 26 September 2051. First eligible for release on 26 September 2041. Catchwords: CRIMINAL LAW - sentence - murder - victim under three years' age - intention to cause grievous bodily harm - infliction of fatal injuries were culmination of punishment or torture - failure to seek medical attention after injury, which attention may have prevented death Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Category: Sentence Parties: Regina (Crown) Warren Ross (Offender) Representation: Counsel: E. Balodis (Crown) S. McNaughton SC (Offender) Solicitors: Office of the Director of Public Prosecutions (Crown) Mcwilliams Lawyers (Offender) File Number(s): 2011/310910 Publication restriction: None

Judgment

Remarks on Sentence 1HIS HONOUR: Warren Ross pleaded not guilty to the murder of Tanilla Opal Warrick-Deaves (the deceased), the daughter of his de-facto wife. On 5 December 2013, after a seven-week trial, a jury convicted the offender as charged. The deceased was aged two years and eight months at the time of her death. 2Because of difficulties associated with the capacity of doctors to gain access to Warren Ross (the offender), the sentence hearing occurred over two days, 28 February 2014 and 9 May 2014. It now falls to the Court to sentence the offender.