R v Thomas Sam; R v Manju Sam (No. 18) [2009] NSWSC 1003

R v Thomas Sam; R v Manju Sam (No. 18) [2009] NSWSC 1003

Each offender was guilty of a very serious example of manslaughter by criminal negligence because, as parents, they failed over the critical period to obtain readily available medical treatment for Gloria despite her obvious, severe and worsening condition, which caused prolonged pain and culminated in death. Thomas Sam's culpability was greater because he was dominant in the decision-making, had homeopathic training, treated Gloria, and failed to refer her for conventional medical treatment when homeopathic measures were plainly inadequate. Full-time imprisonment was required notwithstanding mitigating factors, with a shorter sentence for Manju Sam to reflect her lesser criminality.

Jurisdiction
Australia
Judgment Date
28 September 2009
Procedural Posture
Sentence / Remarks on Sentence Following Jury Convictions for Manslaughter
Outcome
Both offenders sentenced to full-time imprisonment for manslaughter.
Legal Topics
['manslaughter by Criminal Negligence' 'parental Duty of Care' 'omission to Obtain Medical Treatment' 'objective Seriousness' 'general Deterrence' 'mitigation' 'homeopathic Treatment']
['criminal Law' 'sentencing'] ['manslaughter by Criminal Negligence' 'parental Duty of Care' 'omission to Obtain Medical Treatment' 'objective Seriousness' 'general Deterrence' 'mitigation' 'homeopathic Treatment']

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Procedural Posture

Sentence / Remarks on Sentence Following Jury Convictions for Manslaughter

Legal Issues

  1. 1 ['What sentence should be imposed on each offender following conviction for manslaughter by criminal negligence of their infant daughter.' "Whether the offenders' omission to obtain appropriate medical treatment for Gloria between 27 April 2002 and 5 May 2002 constituted grave gross criminal negligence for sentencing purposes." "Whether Thomas Sam's culpability was greater because he was both a parent and a homeopath who treated Gloria." "What mitigating effect should be given to delay, prior good character, the impact of imprisonment on the offenders' son, and other subjective circumstances."]

Ratio Decidendi

Each offender was guilty of a very serious example of manslaughter by criminal negligence because, as parents, they failed over the critical period to obtain readily available medical treatment for Gloria despite her obvious, severe and worsening condition, which caused prolonged pain and culminated in death. Thomas Sam's culpability was greater because he was dominant in the decision-making, had homeopathic training, treated Gloria, and failed to refer her for conventional medical treatment when homeopathic measures were plainly inadequate. Full-time imprisonment was required notwithstanding mitigating factors, with a shorter sentence for Manju Sam to reflect her lesser criminality.

Court Disposition

Both offenders sentenced to full-time imprisonment for manslaughter.

Orders

  • ['Thomas Sam, for the offence of manslaughter of Gloria Mary Thomas, is sentenced to a non-parole period of six years to date from 2 July 2009 and to expire on 1 July 2015, with a balance of term of two years to commence on 2 July 2015 and to expire on 1 July 2017.' 'Manju Sam, for the manslaughter of Gloria Mary...