R v Mundene [2007] NSWSC 355

R v Mundene [2007] NSWSC 355

The offender was sentenced for an unlawful and dangerous act manslaughter because he deliberately shook a seven-month-old child, objectively likely to cause serious injury, causing fatal injuries. The offence was serious and aggravated by the child's extreme vulnerability, the offender's position of trust and the fact that he was on parole, although the parole factor was not very significant. Mitigation included the offender's youth, unstable background, remorse, lack of intent to cause serious injury or foresight of death, lack of awareness of the serious injury shaking could cause, guilty plea warranting a 20 per cent discount, and special circumstances connected with rehabilitation...

Jurisdiction
Australia
Judgment Date
19 April 2007
Procedural Posture
Criminal Sentence for Manslaughter / Remarks on Sentence After Plea of Guilty to Manslaughter Accepted in Full Satisfaction of Indictment for Murder
Outcome
The offender was convicted and sentenced to imprisonment with a non-parole period of 3 years 9 months and a balance of term of 3 years.
Legal Topics
['manslaughter' 'death of Baby by Shaking' 'unlawful and Dangerous Act Manslaughter' 'general Deterrence' 'aggravating and Mitigating Factors' 'non Parole Period' 'special Circumstances' 'totality']
['criminal Law' 'sentencing'] ['manslaughter' 'death of Baby by Shaking' 'unlawful and Dangerous Act Manslaughter' 'general Deterrence' 'aggravating and Mitigating Factors' 'non Parole Period' 'special Circumstances' 'totality']

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Procedural Posture

Criminal Sentence for Manslaughter / Remarks on Sentence After Plea of Guilty to Manslaughter Accepted in Full Satisfaction of Indictment for Murder

Legal Issues

  1. 1 ['What sentence should be imposed for manslaughter of a seven-month-old child caused by shaking.' "Whether aggravating factors included the offender's position of trust, the child's vulnerability and the offender being on parole." 'Whether mitigating factors included youth, Aboriginal background, immaturity, drug use and withdrawal, remorse, lack of intent to injure, lack of awareness of the serious injury that shaking could cause, and the guilty plea.' 'Whether s 21A(3)(j) of the Crimes (Sentencing Procedure) Act 1999 applied.' 'Whether the sentence should be backdated while the offender was serving the balance of parole and whether special circumstances should be found.']

Ratio Decidendi

The offender was sentenced for an unlawful and dangerous act manslaughter because he deliberately shook a seven-month-old child, objectively likely to cause serious injury, causing fatal injuries. The offence was serious and aggravated by the child's extreme vulnerability, the offender's position of trust and the fact that he was on parole, although the parole factor was not very significant. Mitigation included the offender's youth, unstable background, remorse, lack of intent to cause serious injury or foresight of death, lack of awareness of the serious injury shaking could cause, guilty plea warranting a 20 per cent discount, and special circumstances connected with rehabilitation...

Court Disposition

The offender was convicted and sentenced to imprisonment with a non-parole period of 3 years 9 months and a balance of term of 3 years.

Orders

  • ['The offender is convicted.' 'The offender is sentenced to a term of imprisonment with a non-parole period of 3 years 9 months and a balance of term of 3 years.' 'The non-parole period is to date from 15 October 2006 and expire on 14 July 2010, the date upon which the offender is eligible to be released to parole.'...