R v Donna DEAVES [2013] NSWSC 1359

R v Donna DEAVES [2013] NSWSC 1359

Ms Deaves was criminally negligent in failing to seek medical assistance for her child, Tanilla Warrick-Deaves, after serious injuries were inflicted by another; despite personal trauma and psychiatric issues, the duty owed by a parent to a wholly dependent child is of the highest order, and her omission was a substantial cause of death, warranting conviction and custodial sentence for manslaughter.

Jurisdiction
Australia
Judgment Date
18 September 2013
Procedural Posture
Criminal / Sentencing
Outcome
convicted of manslaughter; sentenced to imprisonment
Legal Topics
['manslaughter' 'criminal Negligence' 'sentencing' 'failure to Seek Medical Assistance for Child' 'discount for Assistance to Authorities']
['criminal Law'] ['manslaughter' 'criminal Negligence' 'sentencing' 'failure to Seek Medical Assistance for Child' 'discount for Assistance to Authorities']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Whether Donna Deaves was criminally negligent in failing to seek medical assistance for her child resulting in death' 'Assessment of culpability and discount for assistance to authorities']

Ratio Decidendi

Ms Deaves was criminally negligent in failing to seek medical assistance for her child, Tanilla Warrick-Deaves, after serious injuries were inflicted by another; despite personal trauma and psychiatric issues, the duty owed by a parent to a wholly dependent child is of the highest order, and her omission was a substantial cause of death, warranting conviction and custodial sentence for manslaughter.

Court Disposition

convicted of manslaughter; sentenced to imprisonment

Orders

  • ['Sentence of imprisonment for a non-parole period of 9 years, commencing 18 October 2011, concluding 17 October 2020; balance of term a further 3 years, expiring 17 October 2023' 'First eligible for release on 17 October 2020']