R v DOMINICO PETER TURCHINO R v HMF [2005] NSWSC 1214
HMF was sentenced on the basis of gross criminal negligence where she owed a duty of care to the child, with her act falling well below acceptable standards due to impaired judgment from psychosis and intoxication. Mr Turchino’s criminality lay in his failure to notify authorities or seek assistance regarding the child’s acute injury, amounting to concealment of a serious offence.
- Jurisdiction
- Australia
- Judgment Date
- 18 November 2005
- Procedural Posture
- Criminal / Sentencing
- Outcome
- Sentence imposed
- Legal Topics
- ['manslaughter' 'conceal Serious Offence' 'sentencing' 'criminal Negligence']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal / Sentencing
Legal Issues
- 1 ["Whether HMF's actions constituted manslaughter by gross criminal negligence" "Whether Mr Turchino's actions constituted concealment of a serious indictable offence"]
Ratio Decidendi
HMF was sentenced on the basis of gross criminal negligence where she owed a duty of care to the child, with her act falling well below acceptable standards due to impaired judgment from psychosis and intoxication. Mr Turchino’s criminality lay in his failure to notify authorities or seek assistance regarding the child’s acute injury, amounting to concealment of a serious offence.
Court Disposition
Sentence imposed
Orders
- ['HMF convicted of manslaughter; non-parole period of three years and nine months from 3 November 2003 to 2 August 2007; balance of term one year and three months expiring 2 November 2008; eligible for release to parole on 2 August 2007.' 'Dominico Peter Turchino convicted of concealment of a serious offence;...
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