R v LEACH [2007] NSWSC 429

R v LEACH [2007] NSWSC 429

The appropriate sentence was a custodial sentence for manslaughter, taking into account the two Form 1 assaults, because the prisoner caused the death of his 7 week old daughter by sitting on her to stop her crying after prior conduct that should have provided warning of risk. However, his substantial intellectual disability, depressive and anxiety conditions, lack of prior criminal history, remorse, rehabilitation prospects and the fact that the offence was significantly affected by mental and psychiatric factors reduced the weight of general and personal deterrence, justified special circumstances, and supported a non-parole period of 4 years and 6 months with a balance of term of 3 years.

Jurisdiction
Australia
Judgment Date
27 April 2007
Procedural Posture
Criminal Sentencing for Manslaughter by an Unlawful and Dangerous Act / Remarks on Sentence Following Plea of Guilty to Manslaughter
Outcome
Prisoner sentenced to imprisonment for a non-parole period of 4 years and 6 months commencing on 15 July 2005, with a balance of term of 3 years; parole eligibility date recorded as 15 January 2010.
Legal Topics
['manslaughter' 'unlawful and Dangerous Act' 'infant Death' 'mental Impairment' 'plea of Guilty Discount' 'form 1 Offences' 'non Parole Period' 'victim Impact Statement']
['criminal Law' 'sentencing'] ['manslaughter' 'unlawful and Dangerous Act' 'infant Death' 'mental Impairment' 'plea of Guilty Discount' 'form 1 Offences' 'non Parole Period' 'victim Impact Statement']

Case Brief

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Procedural Posture

Criminal Sentencing for Manslaughter by an Unlawful and Dangerous Act / Remarks on Sentence Following Plea of Guilty to Manslaughter

Legal Issues

  1. 1 ['What facts adverse to the prisoner were proved beyond reasonable doubt and what mitigating facts were established on the balance of probabilities.' 'Whether earlier injuries to the deceased beyond the two Form 1 assault offences were attributable to the prisoner for sentencing purposes.' "What weight should be given to the prisoner's intellectual disability, depressive and anxiety conditions, remorse, prior good character, prospects of rehabilitation and risk of reoffending." 'What discount should be allowed for the late plea of guilty.' 'What sentence, non-parole period and balance of term should be imposed for manslaughter taking into account the two Form 1 assault offences.']

Ratio Decidendi

The appropriate sentence was a custodial sentence for manslaughter, taking into account the two Form 1 assaults, because the prisoner caused the death of his 7 week old daughter by sitting on her to stop her crying after prior conduct that should have provided warning of risk. However, his substantial intellectual disability, depressive and anxiety conditions, lack of prior criminal history, remorse, rehabilitation prospects and the fact that the offence was significantly affected by mental and psychiatric factors reduced the weight of general and personal deterrence, justified special circumstances, and supported a non-parole period of 4 years and 6 months with a balance of term of 3 years.

Court Disposition

Prisoner sentenced to imprisonment for a non-parole period of 4 years and 6 months commencing on 15 July 2005, with a balance of term of 3 years; parole eligibility date recorded as 15 January 2010.

Orders

  • ['For the offence of manslaughter, taking into account the two offences on the Form 1, the prisoner is sentenced to imprisonment for a non-parole period of 4 years and 6 months commencing on 15 July 2005.' 'The balance of term is 3 years.' 'The date upon which it appears the prisoner will become eligible for parole...