R v Woodland [2001] NSWSC 416

R v Woodland [2001] NSWSC 416

The prisoner’s act of forcefully ramming the head of his two-year-old son against a refrigerator was the primary cause of death and amounted to manslaughter by unlawful and dangerous act. The seriousness of the offence, vulnerability of the victim, need for deterrence, and degree of criminality demanded a lengthy custodial sentence, mitigated by youth, plea of guilty, and prospects of rehabilitation. Special circumstances justified a deviation from the usual non-parole period, and a recommendation for protection was warranted due to the nature of the offence.

Parties
Prosecution: Regina; Prisoner: Dale Mark Woodland
Jurisdiction
Australia
Judgment Date
25 May 2001
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced
Legal Topics
Manslaughter, Sentencing, Unlawful and Dangerous Act, Child Abuse
Criminal Law Manslaughter Sentencing Unlawful and Dangerous Act Child Abuse

Case Brief

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Parties

Regina

Prosecution

Dale Mark Woodland

Prisoner

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for manslaughter of a young child by parent
  2. 2 Assessment of criminal responsibility and objective criminality
  3. 3 Application of principles regarding youthful offenders and special circumstances

Ratio Decidendi

The prisoner’s act of forcefully ramming the head of his two-year-old son against a refrigerator was the primary cause of death and amounted to manslaughter by unlawful and dangerous act. The seriousness of the offence, vulnerability of the victim, need for deterrence, and degree of criminality demanded a lengthy custodial sentence, mitigated by youth, plea of guilty, and prospects of rehabilitation. Special circumstances justified a deviation from the usual non-parole period, and a recommendation for protection was warranted due to the nature of the offence.

Court Disposition

Convicted and sentenced

Orders

  • Imprisonment 7 years 9 months from 26/3/01 to 25/12/08
  • Fixed non-parole period 4 years 9 months from 26/03/01 to 25/12/05