R v Toohey (No 2) [2017] NSWSC 1217

Supreme Court New South Wales

Medium Neutral Citation: R v Toohey (No 2) [2017] NSWSC 1217 Hearing dates: 8 September 2017 Date of orders: 08 September 2017 Decision date: 08 September 2017 Jurisdiction: Common Law - Criminal Before: Fagan J Decision: Sentenced to manslaughter of an 11 month old child to a term of imprisonment of 7 years 6 months with a non-parole period of 4 years 6 months. Catchwords: SENTENCING – manslaughter – unlawful and dangerous act – death of an infant – offender lost control on one occasion and inflicted several head injuries – offender denied facts implicit in jury's verdict – implications of lack of express remorse – low likelihood of reoffending – relevance of specific deterrence Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW) Crimes Act 1900 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Sentencing and Procedure) Act 1999 (NSW) Cases Cited: R v Hoerler [2004] NSWCCA 184 Category: Sentence Parties: Regina (Crown) Brendon Toohey (offender) Representation: Counsel: Mr Trevor Bailey (Crown) Mr James Trevallion (offender)

Solicitors: Mr Ciro Triscari, Office of the Director of Public Prosecution (Crown) Ms Ngaire Ralph, Legal Aid Commission of New South Wales (offender) File Number(s): 2014/108477 Publication restriction: 1. In any report or publication with respect to these proceedings the victim is to be referred to only by the initials 'IS' and the mother of the victim is to be referred to only by the name 'Ms A'.2. There is to be no publication of the names of the authors of the Victim Impact Statements and those persons are to be referred to in any report as 'the father of the victim' and 'the paternal grandmother of the victim'.