R v Thurlow [2007] NSWSC 1203

R v Thurlow [2007] NSWSC 1203

The offender's manslaughter was extremely serious because a 16-week-old baby entrusted to her care died from a forceful unlawful and dangerous act causing massive head injury, but sentence was moderated by the absence of intent to kill or injure, the single act, the offender's youth, deprived background, disturbed state from drug withdrawal, sleeplessness and frustration, genuine remorse, good rehabilitation prospects, protective custody hardship, special circumstances, and early guilty pleas warranting a 25% discount. The attempt to pervert the course of justice was serious because it sought to implicate an innocent person in murder, but its unrealistic nature and the offender's...

Jurisdiction
Australia
Judgment Date
26 October 2007
Procedural Posture
Criminal Sentencing / Reasons for Sentence After Guilty Pleas in the Local Court and Committal for Sentence to the Supreme Court
Outcome
Offender sentenced to imprisonment for doing an act with intent to pervert the course of justice and for manslaughter, with the Form 1 offence taken into account on the manslaughter sentence.
Legal Topics
['manslaughter' 'doing an Act With Intent to Pervert the Course of Justice' 'form 1 Offence' 'guilty Plea Discount' 'victim Vulnerability' 'protective Custody Hardship']
['criminal Law' 'sentencing'] ['manslaughter' 'doing an Act With Intent to Pervert the Course of Justice' 'form 1 Offence' 'guilty Plea Discount' 'victim Vulnerability' 'protective Custody Hardship']

Case Brief

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Procedural Posture

Criminal Sentencing / Reasons for Sentence After Guilty Pleas in the Local Court and Committal for Sentence to the Supreme Court

Legal Issues

  1. 1 ['What sentence should be imposed for manslaughter of a 16-week-old baby by an unlawful and dangerous act where the offender did not intend to kill or injure the child.' 'What sentence should be imposed for doing an act with intent to pervert the course of justice by attempting to induce another inmate to make a false confession.' 'How the Form 1 offence of attempting to induce JW to make a false statement should be taken into account.' 'What aggravating and mitigating factors under s21A of the Crimes (Sentencing Procedure) Act 1999 applied, including victim vulnerability, remorse, rehabilitation prospects, youth, prior record and hardship in protective custody.' 'Whether special circumstances justified departure from the normal ratio between total sentence and non-parole period.' "What discount should be allowed for the offender's early guilty pleas."]

Ratio Decidendi

The offender's manslaughter was extremely serious because a 16-week-old baby entrusted to her care died from a forceful unlawful and dangerous act causing massive head injury, but sentence was moderated by the absence of intent to kill or injure, the single act, the offender's youth, deprived background, disturbed state from drug withdrawal, sleeplessness and frustration, genuine remorse, good rehabilitation prospects, protective custody hardship, special circumstances, and early guilty pleas warranting a 25% discount. The attempt to pervert the course of justice was serious because it sought to implicate an innocent person in murder, but its unrealistic nature and the offender's...

Court Disposition

Offender sentenced to imprisonment for doing an act with intent to pervert the course of justice and for manslaughter, with the Form 1 offence taken into account on the manslaughter sentence.

Orders

  • ['For doing an act with the intention of perverting the course of justice, the offender is sentenced to a term of imprisonment consisting of a non-parole period of nine months and a balance of term of seven months.' 'The non-parole period for doing an act with the intention of perverting the course of justice is to...