R v AB and CD [2020] NSWDC 671

R v AB and CD [2020] NSWDC 671

Mr AB convicted and sentenced to an aggregate term of imprisonment of six years six months with a non-parole period of three years ten months for recklessly causing grievous bodily harm and failing to provide necessities of life to a child, both offences aggravated by breach of trust and victim vulnerability. Ms CD convicted and sentenced to a two-year Community Corrections Order for failing to provide the necessities of life, her offending found to be of lower objective seriousness and not warranting imprisonment.

Jurisdiction
Australia
Judgment Date
08 September 2020
Procedural Posture
Criminal / Sentence
Outcome
Mr AB: Convicted and sentenced to aggregate imprisonment; Ms CD: Convicted and sentenced to Community Corrections Order.
Legal Topics
['sentencing' 'causing Grievous Bodily Harm' 'reckless Endangerment' 'failure to Provide Necessities of Life']
['criminal Law'] ['sentencing' 'causing Grievous Bodily Harm' 'reckless Endangerment' 'failure to Provide Necessities of Life']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentences for recklessly causing grievous bodily harm to a child' 'Sentencing for failing to provide necessities of life to a child']

Ratio Decidendi

Mr AB convicted and sentenced to an aggregate term of imprisonment of six years six months with a non-parole period of three years ten months for recklessly causing grievous bodily harm and failing to provide necessities of life to a child, both offences aggravated by breach of trust and victim vulnerability. Ms CD convicted and sentenced to a two-year Community Corrections Order for failing to provide the necessities of life, her offending found to be of lower objective seriousness and not warranting imprisonment.

Court Disposition

Mr AB: Convicted and sentenced to aggregate imprisonment; Ms CD: Convicted and sentenced to Community Corrections Order.

Orders

  • ['Mr AB: Convicted. Aggregate sentence of 6 years 6 months imprisonment from 8/9/20, NPP 3 years 10 months (eligible for parole 7/7/24). Special circumstances found. Indicative sentences: Count 1—5 years 6 months (NPP 3 years 3 months), Count 2—2 years 3 months. Copy of psychological report to be sent to Corrective...