R v LN; R v AW (No. 10) [2017] NSWSC 1387

Supreme Court New South Wales

Medium Neutral Citation: R v LN; R v AW (No. 10) [2017] NSWSC 1387 Hearing dates: 11 August 2017 Date of orders: 12 October 2017 Decision date: 12 October 2017 Jurisdiction: Common Law Before: Johnson J Decision: With respect to LN:

For the crime of murder, LN is sentenced to imprisonment for a term of 44 years, comprising a non-parole period of 33 years commencing on 15 September 2014 and expiring on 14 September 2047, with a balance of term of 11 years commencing on 15 September 2047 and expiring on 14 September 2058.

The earliest date upon which LN will be eligible for release on parole is 15 September 2047.

With respect to AW:

For the crime of murder, AW is sentenced to imprisonment for a term of 40 years, comprising a non-parole period of 30 years commencing on 17 September 2014 and expiring on 16 September 2044, with a balance of term of 10 years commencing on 17 September 2044 and expiring on 16 September 2054.

The earliest date upon which you will be eligible for release on parole is 17 September 2044. Catchwords: SENTENCING – sentence following trial – murder of three-year old child by mother and stepfather - mother killed child – stepfather guilty by application of principles of extended joint criminal enterprise – joint criminal enterprise between mother and stepfather to assault child over 51-day period before murder occurred – extensive emotional and physical abuse over 51-day period before murder occurred – fatal injuries committed by mother attacking the child in a manner involving substantial acceleration/deceleration forces – parents stated injuries occurred by tripping - pattern of assaults taken into consideration in assessing objective seriousness – victim impact statements of extended family considered – objective seriousness determined as very significantly above mid-range for mother – objective seriousness determined as significantly above the mid-range for stepfather – mental illness of mother considered – hardship of likely protective custody for both parents considered – statutory threshold for life sentences in s.61(1) Crimes (Sentencing Procedure) Act 1999 not met – standard non-parole period of 25 years - sentence of 44 years with a non-parole period of 33 years imposed on mother – sentence of 40 years with a non-parole period of 30 years imposed on stepfather – consideration as to whether "de facto" life sentences Legislation Cited: Children (Criminal Proceedings) Act 1987. Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Crimes (High Risk Offenders) Act 2006 Cases Cited: Baines v R [2016] NSWCCA 132 Einfeld v R (2010) 200 A Crim R 1; [2010] NSWCCA 87 Knight v R (2006) 164 A Crim R 126; [2006] NSWCCA 292 R v Harris (2000) 50 NSWLR 409; [2000] NSWCCA 469 R v Hill [2014] NSWSC 1010 R v Isaacs (1997) 41 NSWLR 374 R v JCW (2000) 112 A Crim R 466; [2000] NSWCCA 209 R v JW (2010) 77 NSWLR 7; [2010] NSWCCA 49 R v LN; R v AW (No. 1) [2017] NSWSC 119 R v LN; R v AW (No. 9) [2017] NSWSC 376 R v Lock [2017] NSWSC 715 R v Merritt (2004) 59 NSWLR 557; [2004] NSWCCA 19 R v Ross [2014] NSWSC 707 The Queen v Kilic (2016) 91 ALJR 131; [2016] HCA 48 The Queen v Olbrich (1999) 199 CLR 270; [1999] HCA 54 Texts Cited: --- Category: Sentence Parties: Regina (Crown) LN (Offender) AW (Offender) Representation: Counsel: Ms MM Cunneen SC (Crown) Mr EW Wilson SC (LN) Ms A Moen (AW)