R v Warren Ross [2014] NSWSC 707

R v Warren Ross [2014] NSWSC 707

The offender murdered a child aged two years and eight months who was in his care and whose fatal injuries were the culmination of days of deliberate severe corporal punishment. He intended to cause grievous bodily harm, but the injuries were not planned or premeditated and the offence was not committed with an intention to kill or because of hatred or prejudice. Although the offence was extremely serious, well above mid-range and approaching the worst category of murder, the level of culpability was not so extreme that only life imprisonment could meet the community interests in retribution, punishment, community protection and deterrence. There were no significant subjective factors...

Jurisdiction
Australia
Judgment Date
30 May 2014
Procedural Posture
Criminal Sentence for Murder / Sentencing After Jury Conviction Following Trial
Outcome
The offender was convicted of murder and sentenced to a determinate term of imprisonment of 40 years with a non-parole period of 30 years.
Legal Topics
['murder' 'child Victim' 'intention to Cause Grievous Bodily Harm' 'objective Seriousness' 'standard Non Parole Period' 'life Imprisonment' 'remorse' 'rehabilitation']
['criminal Law' 'sentencing'] ['murder' 'child Victim' 'intention to Cause Grievous Bodily Harm' 'objective Seriousness' 'standard Non Parole Period' 'life Imprisonment' 'remorse' 'rehabilitation']

Case Brief

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Procedural Posture

Criminal Sentence for Murder / Sentencing After Jury Conviction Following Trial

Legal Issues

  1. 1 ['Whether the murder fell within the worst category of murder warranting life imprisonment.' "How the victim's very young age and the offender's position of trust affected the objective seriousness of the offence without double counting." 'Whether the offender intended to cause grievous bodily harm when inflicting the fatal injuries.' 'What sentence should be imposed having regard to objective seriousness, subjective circumstances, deterrence, punishment, community protection, rehabilitation and remorse.']

Ratio Decidendi

The offender murdered a child aged two years and eight months who was in his care and whose fatal injuries were the culmination of days of deliberate severe corporal punishment. He intended to cause grievous bodily harm, but the injuries were not planned or premeditated and the offence was not committed with an intention to kill or because of hatred or prejudice. Although the offence was extremely serious, well above mid-range and approaching the worst category of murder, the level of culpability was not so extreme that only life imprisonment could meet the community interests in retribution, punishment, community protection and deterrence. There were no significant subjective factors...

Court Disposition

The offender was convicted of murder and sentenced to a determinate term of imprisonment of 40 years with a non-parole period of 30 years.

Orders

  • ['Warren James Ross is convicted that on or about 27 August 2011, at Watanobbi in the State of New South Wales, he did murder Tanilla Warrick-Deaves.' 'The offender is sentenced to imprisonment for a non-parole period of 30 years, commencing 27 September 2011 and concluding 26 September 2041, the balance of term...