R v Sutton [2010] NSWSC 1273

R v Sutton [2010] NSWSC 1273

The appropriate sentence for the offender, who caused the death of his infant daughter by an unlawful and dangerous act, was four years imprisonment with a non-parole period of two years, given the absence of prior violence or abuse, the unpremeditated nature of the act, intense remorse, early plea of guilty, prospects of rehabilitation, harsh remand conditions, and full allowance for a 25% sentencing discount.

Jurisdiction
Australia
Judgment Date
04 November 2010
Procedural Posture
Criminal / Sentence
Outcome
The offender is sentenced to an overall term of four years imprisonment comprising a minimum term of two years commencing on 29 April 2009 and a balance of term of two years. Eligible for parole on 28 April 2011.
Legal Topics
['sentencing' 'manslaughter' 'death of Child' 'prosecutorial Discretion']
['criminal Law'] ['sentencing' 'manslaughter' 'death of Child' 'prosecutorial Discretion']

Case Brief

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentence for manslaughter of a child by a parent/carer' 'Assessment of moral culpability in single aberrant act resulting in death' 'Relevance of lack of prior abuse or deliberate cruelty' 'Application of sentencing discount for early plea' 'Consideration of subjective factors and prospects for rehabilitation']

Ratio Decidendi

The appropriate sentence for the offender, who caused the death of his infant daughter by an unlawful and dangerous act, was four years imprisonment with a non-parole period of two years, given the absence of prior violence or abuse, the unpremeditated nature of the act, intense remorse, early plea of guilty, prospects of rehabilitation, harsh remand conditions, and full allowance for a 25% sentencing discount.

Court Disposition

The offender is sentenced to an overall term of four years imprisonment comprising a minimum term of two years commencing on 29 April 2009 and a balance of term of two years. Eligible for parole on 28 April 2011.

Orders

  • ['Overall term of four years imprisonment' 'Minimum term of two years (non-parole period) commencing 29 April 2009' 'Balance of term: two years' 'Eligible for parole on 28 April 2011']