R v Bodnar [2018] NSWDC 76

R v Bodnar [2018] NSWDC 76

Well-intentioned but seriously misguided dietary advice by Ms Bodnar, persisted in despite evidence of harm, amounted to gross recklessness and criminal behaviour as it placed a child at real risk of death by failing to provide necessities of life. The gravity of the offending and the strong need for general deterrence warranted a sentence of full-time imprisonment, notwithstanding personal mitigation and lack of prior criminality.

Jurisdiction
Australia
Judgment Date
05 April 2018
Procedural Posture
Criminal / Sentence
Outcome
Sentenced to full-time imprisonment; non-parole period set.
Legal Topics
['sentencing' 'accessory Liability' 'failure to Provide Necessities of Life' 'general Deterrence' 'child Protection']
['criminal Law'] ['sentencing' 'accessory Liability' 'failure to Provide Necessities of Life' 'general Deterrence' 'child Protection']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Whether the offender aided, abetted, counselled or procured the commission of an offence: failing to provide a child with the necessities of life resulting in danger of death' 'Appropriate sentence for an accessory to such an offence, considering general deterrence and specific deterrence']

Ratio Decidendi

Well-intentioned but seriously misguided dietary advice by Ms Bodnar, persisted in despite evidence of harm, amounted to gross recklessness and criminal behaviour as it placed a child at real risk of death by failing to provide necessities of life. The gravity of the offending and the strong need for general deterrence warranted a sentence of full-time imprisonment, notwithstanding personal mitigation and lack of prior criminality.

Court Disposition

Sentenced to full-time imprisonment; non-parole period set.

Orders

  • ['Non-parole period of 7 months commencing 5 April 2018' 'Head sentence of 14 months imprisonment commencing 5 April 2018' 'Non-parole period expires 4 November 2018' 'No publication of evidence which would identify or tend to identify the child or his parents']