R v RMW [2016] NSWCCA 211

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v RMW [2016] NSWCCA 211 Hearing dates: 22 August 2016 Date of orders: 05 October 2016 Decision date: 05 October 2016 Before: Hoeben CJ at CL at [1] Davies J at [2] Bellew J at [3] Decision: 1. The Crown appeal is dismissed. Catchwords: CRIMINAL LAW – Sentence – Crown appeal against inadequacy – Where respondent pleaded guilty to charges of administering poison and assault - Where the victim of the offending was the respondent's 9 year old child –Where sentencing judge imposed terms of imprisonment to be served by way of an intensive corrections order – Where all grounds of appeal asserting error on the part of the sentencing judge were established – Where sentence imposed was found to be manifestly inadequate – Where court took into account the rehabilitation undergone by the respondent since being sentenced and the re-establishment of a relationship with her children – Residual discretion exercised – Crown appeal against inadequacy dismissed Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Poisons and Therapeutic Goods Act 1966 (NSW) Crimes Act 1914 (Cth) Cases Cited: Cahyadi v R [2007] NSWCCA 1; (2007) 168 A Crim R 41 CMB v Attorney-General for New South Wales [2015] HCA 9; 317 ALR 2308 Franklin v R [2013] NSWCCA 122 Mulato v R [2006] NSWCCA 282 R v Mills [2005] NSWCCA 175; (2005) 154 A Crim R 40 RCW v R (No 2) [2014] NSWCCA 190; (2014) 244 A Crim R 541 Category: Principal judgment Parties: Crown – Appellant RMW – Respondent Representation: Counsel: Ms B Baker – Appellant Mr P D Rosser QC – Respondent