R v GJL [2009] NSWDC 167

The sentence is determined based on the seriousness of causing the death of a nine-week-old baby, the lack of planning or ongoing course of conduct, the substantial breach of trust as a mother, the mid-range objective criminality, absence of prior convictions, high utilitarian value of guilty plea, and special circumstances justifying a two-thirds non-parole period. Full-time custody is necessary to meet requirements of deterrence and denunciation.

Parties: Prosecution: Crown; Offender: GJL
Jurisdiction: Australia
Judgment Date: 03 July 2009
Procedural Posture: Criminal / Sentencing
Outcome: Convicted and sentenced
Legal Topics: Sentencing, Manslaughter, Child Death, Drug Abuse

Criminal Law Sentencing Manslaughter Child Death Drug Abuse

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2 Amounts and remedies 2

Parties

Crown

Prosecution

GJL

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

1 Appropriate sentence for manslaughter of a 9-week-old baby by the mother
2 Effect of drug abuse and psychiatric history on sentencing
3 Assessment of aggravating and mitigating factors in child homicide

Ratio Decidendi

Court Disposition

Convicted and sentenced

Orders

Sentenced to a term of imprisonment with a non-parole period of 4 years commencing 3 July 2009 and expiring 2 July 2013.
Additional term of imprisonment of 2 years to commence upon expiration of the non-parole period and expire 2 July 2015.