R v BT [2017] NSWSC 1600

R v BT [2017] NSWSC 1600

Given the offender's spontaneous conduct, seriousness of the offence, his criminal history balanced by special circumstances and prospects of rehabilitation, and a 20% reduction for the utilitarian value of his plea, a sentence of 8 years imprisonment with a non-parole period of 5 years is appropriate.

Jurisdiction
Australia
Judgment Date
24 November 2017
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced
Legal Topics
['manslaughter' 'sentencing' 'plea of Guilty' 'child Homicide']
['criminal Law'] ['manslaughter' 'sentencing' 'plea of Guilty' 'child Homicide']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for manslaughter of infant daughter by parent' 'Aggravating and mitigating factors relevant to sentencing' 'Utilitarian value of plea of guilty' 'Special circumstances affecting non-parole period']

Ratio Decidendi

Given the offender's spontaneous conduct, seriousness of the offence, his criminal history balanced by special circumstances and prospects of rehabilitation, and a 20% reduction for the utilitarian value of his plea, a sentence of 8 years imprisonment with a non-parole period of 5 years is appropriate.

Court Disposition

Convicted and sentenced

Orders

  • ['Offender sentenced to imprisonment for 8 years, commencing 14 November 2015.' 'Non-parole period of 5 years, commencing 14 November 2015, expiring 13 November 2020.' 'Balance of term of 3 years, commencing 14 November 2020, expiring 13 November 2023.' 'Eligible for release on parole on 14 November 2020.']