R v MB [2017] NSWSC 619

Supreme Court New South Wales

Medium Neutral Citation: R v MB [2017] NSWSC 619 Hearing dates: 28 April 2017 Date of orders: 19 May 2017 Decision date: 19 May 2017 Jurisdiction: Common Law - Criminal Before: Beech-Jones J Decision: MB is convicted of the offence of manslaughter. Pursuant to s 9 of the Crimes (Sentencing Procedure) Act 1999, an order made directing MB to enter into a good behaviour bond for a period of four years. Pursuant to s 95 of the Crimes (Sentencing Procedure) Act 1999, the bond is subject to the following conditions:

(a) that MB is to appear before the Court if called upon to do so at any time during the term of the bond; and

(b) that MB is to be of good behaviour for the term of the bond; and

(c) that within 14 days MB is to notify the Registrar of this Court of her residential address and, thereafter, within 14 days of her changing her residential address MB must notify the Registrar of the Court, and the Probation and Parole Service, of her new address; and

(d) that by Friday 2 June 2017 MB report to an officer of the Probation and Parole Service at the nearest such service to her place of residence; and

(e) that MB accept the supervision and directions of the officers of the Probation and Parole Service including all reasonable directions concerning attendance upon psychiatric specialists and mental health services and compliance with the directions and advice of those persons and bodies. Catchwords: SENTENCING – manslaughter – offender drowned infant daughter in bath – offender entered plea of guilty to manslaughter – basis of plea was substantial impairment – Crimes Act, s 23A – offender suffering anxiety and symptoms of schizophrenia in period up to the drowning – offender acting under delusion that daughter had genetic abnormality – offender previously found unfit to be tried – later found fit – offender served previous period in custody – offender's moral culpability reduced by reason of mental illness – offender unsuitable vehicle for general deterrence, denunciation and punishment – non custodial sentence imposed – bond Legislation Cited: Children (Criminal Proceedings) Act 1987 Crimes (High Risk Offenders) Act 2006 Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Mental Health (Forensic Provisions) Act 1990 Mental Health Act 2007 Cases Cited: Barbieri v R [2016] NSWCCA 295 Berrier, Steven John v R [2009] NSWCCA 40 Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194; 79 NSWLR 1 Hili v The Queen; Jones v The Queen [2010] HCA 45; 242 CLR 520 Muldrock v The Queen [2011] HCA 39; 244 CLR 120 R v Blacklidge (Court of Criminal Appeal (NSW), 12 December 1995, unreported R v Cooper [2001] NSWSC 769 R v Howcher [2004] NSWCCA 179; 146 A Crim R 371 R v Israil [2002] NSWCCA 255 R v LTN [2011] NSWSC 614 R v Mathers [2011] NSWSC 339 R v MB (No 2) [2014] NSWSC 1755 R v MB (No 3) [2014] NSWSC 1796 R v MB (Supreme Court (NSW), 6 February 2014 unreported R v MB [2016] NSWSC 985 R v Olbrich [1999] HCA 54; 199 CLR 270 R v Pope [2002] NSWSC 397 R v Quinn (No 2) [2016] NSWSC 1244 Shine v R [2016] NSWCCA 149 Category: Sentence Parties: Regina (Crown) MB (Offender) Representation: Counsel: M Hobart SC (Crown) P Lange (Offender)