BW v R [2011] NSWCCA 176

BW v R [2011] NSWCCA 176

The sentencing judge's finding that Ebony was subjected to chronic starvation over many months was open on the medical and factual evidence. It was also open to find the offence within the worst case category for manslaughter because the applicant's failure of parental care was vast, protracted and cruel, and he provided no care at all to his suffering daughter. Given the maximum penalty, the objective seriousness of the offence, the limited favourable subjective circumstances and the purposes of sentencing, the sentence of 16 years imprisonment with a non-parole period of 12 years was within range and not manifestly excessive.

Jurisdiction
Australia
Judgment Date
23 February 2011
Procedural Posture
Criminal Law Severity Appeal Concerning Sentence for Manslaughter by Criminal Neglect / Application for Leave to Appeal Against Sentence; Leave Granted and Appeal Dismissed
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['manslaughter by Criminal Negligence' 'child Neglect' 'starvation Death' 'worst Case Category' 'manifest Excess' 'objective Seriousness' 'general Deterrence']
['criminal Law' 'sentencing'] ['manslaughter by Criminal Negligence' 'child Neglect' 'starvation Death' 'worst Case Category' 'manifest Excess' 'objective Seriousness' 'general Deterrence']

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Procedural Posture

Criminal Law Severity Appeal Concerning Sentence for Manslaughter by Criminal Neglect / Application for Leave to Appeal Against Sentence; Leave Granted and Appeal Dismissed

Legal Issues

  1. 1 ['Whether the sentencing judge erred in finding that the deceased was the subject of chronic starvation over many, many months.' 'Whether the sentencing judge erred in finding that the objective gravity of the offence came within the worst category for manslaughter.' 'Whether the sentence of 16 years imprisonment with a non-parole period of 12 years was manifestly excessive, especially having regard to other cases of manslaughter by neglect.']

Ratio Decidendi

The sentencing judge's finding that Ebony was subjected to chronic starvation over many months was open on the medical and factual evidence. It was also open to find the offence within the worst case category for manslaughter because the applicant's failure of parental care was vast, protracted and cruel, and he provided no care at all to his suffering daughter. Given the maximum penalty, the objective seriousness of the offence, the limited favourable subjective circumstances and the purposes of sentencing, the sentence of 16 years imprisonment with a non-parole period of 12 years was within range and not manifestly excessive.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']