R v Xiao [2019] NSWDC 797

District Court New South Wales

Medium Neutral Citation: R v Xiao [2019] NSWDC 797 Hearing dates: 16-20 September, 23-27 September, 30 September, 1-4 October, 8-11 October, 14-18 October, 25 October, 12 December Date of orders: 13 December 2019 Decision date: 13 December 2019 Jurisdiction: Criminal Before: Neilson DCJ Decision: Sentence 10 years NPP 7 years and 6 months Catchwords: CRIME. SENTENCE. Cases Cited: McDonald v R (Unreported, NSWCCA 12 December 1995) R v AEM [2002] NSWCCA 58 R v GWM [2012] NSWCCA 240 R v Harrison (1997) 93 A Crim R 314 R v Hill (1981) 3 A Crim R 397 R v Radich [1954] NZLR 86 Sam v R [2011] NSWCCA 36 Category: Sentence Parties: (Offender) Hong Chi Xiao

(Crown) Regina Representation: Offender:

Counsel – M. Avenell Solicitors – Toomey Defence Lawyers

Crown:

Counsel – G. Tabuteau and E. Curran Solicitors – ODPP File Number(s): 2016/00213025 Publication restriction: Nil.

Sentence 1. HIS HONOUR: Hong Chi Xiao stands for sentence as a consequence of having been found guilty by a jury, unanimously, of the manslaughter of a boy who, at the time of his death on 27 April 2015, was six years and nine months old. The jury accepted the Crown case that the offender caused the death of the boy by criminal negligence or, as it is probably more properly called, gross negligence. 2. The boy had, on 14 April 2014, been diagnosed as being an insulin dependent diabetic. On that day he was taken by his mother to a general practitioner who immediately referred him to the Westmead Children's Hospital where he was taken by his mother where the diagnosis of insulin dependent diabetes mellitus was made. The formal maker of the diagnosis was Dr Neville John Howard, a paediatric endocrinologist with extensive training in Australia, Canada and the United States of America.