R v Forrest [2013] NSWSC 377

R v Forrest [2013] NSWSC 377

The seriousness of the offending, involving the death of a vulnerable child by the offender who was in a position of trust and authority, necessitates a sentence of 8 years' imprisonment, with a non-parole period of 6 years, given the objective gravity of the offence, lack of substantial mitigating factors, and prospects for rehabilitation.

Parties
Prosecution: The Crown; Offender: Nathan William Forrest
Jurisdiction
Australia
Judgment Date
19 April 2013
Procedural Posture
Criminal / Sentence
Outcome
Convicted of manslaughter and sentenced to 8 years' imprisonment, non-parole period of 6 years commencing 7 May 2011.
Legal Topics
Manslaughter, Unlawful and Dangerous Act, Child Victim, Sentencing, Position of Trust, Aggravating and Mitigating Factors, Drug Use
Criminal Law Manslaughter Unlawful and Dangerous Act Child Victim Sentencing Position of Trust Aggravating and Mitigating Factors Drug Use

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Parties

The Crown

Prosecution

Nathan William Forrest

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for manslaughter by unlawful and dangerous act where the victim is a child and the offender is in a position of trust

Ratio Decidendi

The seriousness of the offending, involving the death of a vulnerable child by the offender who was in a position of trust and authority, necessitates a sentence of 8 years' imprisonment, with a non-parole period of 6 years, given the objective gravity of the offence, lack of substantial mitigating factors, and prospects for rehabilitation.

Court Disposition

Convicted of manslaughter and sentenced to 8 years' imprisonment, non-parole period of 6 years commencing 7 May 2011.

Orders

  • Conviction entered for manslaughter of Bailey Constable.
  • Imprisonment for 8 years from 7 May 2011.