R v AS (Sentence) [2023] NSWSC 1575

R v AS (Sentence) [2023] NSWSC 1575

Given the offender's conviction for the murder of his newborn son by vigorous shaking causing unsurvivable injuries, the gravity of the offence, breach of parental trust, lack of remorse, but with diminished moral culpability due to PTSD and hardship in custody, a sentence of 18 years' imprisonment with a non-parole period of 12 years and 6 months is appropriate. Special circumstances are found due to the offender's mental health and personal circumstances, justifying departure from the standard non-parole period.

Jurisdiction
Australia
Judgment Date
13 December 2023
Procedural Posture
Criminal / Sentencing After Conviction at Jury Trial
Outcome
Offender sentenced to 18 years' imprisonment, non-parole period of 12 years and 6 months, with special circumstances found.
Legal Topics
['sentencing' 'murder' 'parental Responsibility' 'general Deterrence' 'special Circumstances' 'diminished Moral Culpability']
['criminal Law'] ['sentencing' 'murder' 'parental Responsibility' 'general Deterrence' 'special Circumstances' 'diminished Moral Culpability']

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Procedural Posture

Criminal / Sentencing After Conviction at Jury Trial

Legal Issues

  1. 1 ['What is the appropriate sentence for the offender, having been found guilty of the murder of his newborn son?' "How do the offender's mental health and personal circumstances affect moral culpability and sentencing?" 'Should special circumstances be found under the Crimes (Sentencing Procedure) Act 1999 (NSW), s 44(2)?']

Ratio Decidendi

Given the offender's conviction for the murder of his newborn son by vigorous shaking causing unsurvivable injuries, the gravity of the offence, breach of parental trust, lack of remorse, but with diminished moral culpability due to PTSD and hardship in custody, a sentence of 18 years' imprisonment with a non-parole period of 12 years and 6 months is appropriate. Special circumstances are found due to the offender's mental health and personal circumstances, justifying departure from the standard non-parole period.

Court Disposition

Offender sentenced to 18 years' imprisonment, non-parole period of 12 years and 6 months, with special circumstances found.

Orders

  • ["AS is sentenced to 18 years' imprisonment to date from 20 August 2020 and expiring on 19 August 2038." 'There will be a non-parole period of 12 years and 6 months imprisonment, expiring on 19 February 2033.']