R v Rowe [2007] NSWSC 300

R v Rowe [2007] NSWSC 300

The offender was to be sentenced on the basis that she intentionally gave methadone to her seven-month-old child in an attempt to settle him, causing his death, which made the offence serious because the child was very young and in her care. Her culpability was reduced by the absence of violence, anger, intent to cause death, or history of abuse, and by the stressors and inability to cope at the time. The sentence was further moderated for rehabilitation needs and because she served remand in harsher protective conditions and was likely to continue serving under protection.

Jurisdiction
Australia
Judgment Date
05 April 2007
Procedural Posture
Criminal Sentence for Manslaughter / Remarks on Sentence After Trial and Jury Conviction of Manslaughter
Outcome
The offender was sentenced to imprisonment for manslaughter.
Legal Topics
['manslaughter' 'unlawful and Dangerous Act' 'methadone Toxicity' 'infant Death' 'general Deterrence' 'harsh Custodial Conditions on Remand']
['criminal Law' 'sentencing'] ['manslaughter' 'unlawful and Dangerous Act' 'methadone Toxicity' 'infant Death' 'general Deterrence' 'harsh Custodial Conditions on Remand']

Case Brief

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Procedural Posture

Criminal Sentence for Manslaughter / Remarks on Sentence After Trial and Jury Conviction of Manslaughter

Legal Issues

  1. 1 ["Whether the offender should be sentenced on the basis that she caused the child's death by an unlawful and dangerous act, namely giving the child methadone, or by gross criminal negligence in failing to seek timely medical assistance." "The objective seriousness of administering methadone to a seven-month-old child in the offender's care." "The relevance of the offender's drug dependency, stressors, mental health, remorse or grief, prior record, prospects of rehabilitation, and harsher custodial conditions on remand." 'Whether general or specific deterrence was required in the sentence.']

Ratio Decidendi

The offender was to be sentenced on the basis that she intentionally gave methadone to her seven-month-old child in an attempt to settle him, causing his death, which made the offence serious because the child was very young and in her care. Her culpability was reduced by the absence of violence, anger, intent to cause death, or history of abuse, and by the stressors and inability to cope at the time. The sentence was further moderated for rehabilitation needs and because she served remand in harsher protective conditions and was likely to continue serving under protection.

Court Disposition

The offender was sentenced to imprisonment for manslaughter.

Orders

  • ['The offender is sentenced to a term of imprisonment consisting of a non-parole period of 3 years with a balance of term of 2 years and 6 months.' 'The sentence is to commence on 5 May 2005.' 'The offender is eligible to be released to parole on 4 May 2008.']