R v LN; R v AW (No. 10) [2017] NSWSC 1387

R v LN; R v AW (No. 10) [2017] NSWSC 1387

LN committed a violent, fatal attack on her son Joseph, following a sustained period of physical and psychological abuse. The objective seriousness of the offence was very significantly above mid-range, but the court was not satisfied beyond reasonable doubt that the community interests under s.61(1) Crimes (Sentencing Procedure) Act 1999 required a life sentence. AW participated in a joint criminal enterprise to assault Joseph, foresaw the possibility of fatal harm, and failed to intervene; his offence was significantly above mid-range but insufficient for a life sentence. Both are sentenced to lengthy terms of imprisonment with substantial non-parole periods.

Jurisdiction
Australia
Judgment Date
12 October 2017
Procedural Posture
Criminal / Sentencing
Outcome
LN and AW each convicted and sentenced to lengthy imprisonment for murder; life sentence not imposed.
Legal Topics
['murder' 'sentencing' 'joint Criminal Enterprise' 'child Abuse']
['criminal Law'] ['murder' 'sentencing' 'joint Criminal Enterprise' 'child Abuse']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for child murder by mother and stepfather' 'Culpability assessment for murder under s.61(1) Crimes (Sentencing Procedure) Act 1999' 'Consideration of extended joint criminal enterprise liability' 'Use of prior assaults in assessing objective seriousness']

Ratio Decidendi

LN committed a violent, fatal attack on her son Joseph, following a sustained period of physical and psychological abuse. The objective seriousness of the offence was very significantly above mid-range, but the court was not satisfied beyond reasonable doubt that the community interests under s.61(1) Crimes (Sentencing Procedure) Act 1999 required a life sentence. AW participated in a joint criminal enterprise to assault Joseph, foresaw the possibility of fatal harm, and failed to intervene; his offence was significantly above mid-range but insufficient for a life sentence. Both are sentenced to lengthy terms of imprisonment with substantial non-parole periods.

Court Disposition

LN and AW each convicted and sentenced to lengthy imprisonment for murder; life sentence not imposed.

Orders

  • ['LN is sentenced to imprisonment for a term of 44 years, comprising a non-parole period of 33 years commencing on 15 September 2014 and expiring on 14 September 2047, with a balance of term of 11 years commencing on 15 September 2047 and expiring on 14 September 2058.' 'The earliest date upon which LN will be...