R v BT [2017] NSWSC 1600

Supreme Court New South Wales

Medium Neutral Citation: R v BT [2017] NSWSC 1600 Hearing dates: 3 November 2017 Date of orders: 24 November 2017 Decision date: 24 November 2017 Before: Hidden AJ Decision: Sentenced to 8 years, NPP 5 years, from 14 November 2015. Catchwords: CRIMINAL LAW – Sentence – manslaughter – plea of guilty entered after trial for murder in which the jury acquitted of murder but could not agree on manslaughter – killing by father of infant child Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v Dalton [2005] NSWCCA 156 R v Marshall [2003] NSWSC 448 R v Monroe [2003] NSWSC 1271 R v Shepherd [2010] NSWSC 154 R v Toohey (No. 2) [2017] NSWSC 1217 Category: Sentence Parties: Regina BT Representation: Counsel: Ms M Cunneen SC with Mr PJ Strickland (Crown) Mr H White (Offender)

Solicitors: Solicitor for Director of Public Prosecutions (NSW) McWilliams Lawyers File Number(s): 2015/335406 Publication restriction: No

1. HIDDEN AJ: On 14 September 2017, this offender pleaded guilty to the manslaughter of his baby daughter, HT, on or about 12 August 2014 at the family home at Regents Park. I shall refer to the deceased child as "the baby". Between 17 July and 15 August 2017, he stood trial before me for the murder of the baby. The alternative verdict of guilty of manslaughter had been left to the jury. The jury found him not guilty of murder but were unable to agree upon a verdict on manslaughter.