R v BW & SW (No 3) [2009] NSWSC 1043

R v BW & SW (No 3) [2009] NSWSC 1043

SW's extreme level of culpability in the murder of Ebony, evidenced by deliberate omission to provide nourishment and medical care leading to chronic starvation and death, with full realisation of the probability of death, places her offence within the worst case category requiring life imprisonment. BW's gross negligence as a parent, failing to provide basic care, ignoring Ebony's suffering and dire condition, warrants a sentence within the worst case category for manslaughter.

Parties
Offender: BW; Offender: SW; Prosecution: Regina
Jurisdiction
Australia
Judgment Date
02 October 2009
Procedural Posture
Criminal / Sentencing Judgment
Outcome
BW convicted and sentenced to 16 years imprisonment (12 years non-parole period); SW convicted and sentenced to imprisonment for life.
Legal Topics
Murder, Manslaughter, Sentencing, Criminal Negligence, Parental Duty, Starvation, Child Homicide
Criminal Law Murder Manslaughter Sentencing Criminal Negligence Parental Duty Starvation Child Homicide

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Parties

BW

Offender

SW

Offender

Regina

Prosecution

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 Appropriate sentencing for murder and manslaughter arising from the starvation and neglect of a child
  2. 2 Assessment of objective seriousness and moral culpability
  3. 3 Consideration of aggravating and mitigating factors

Ratio Decidendi

SW's extreme level of culpability in the murder of Ebony, evidenced by deliberate omission to provide nourishment and medical care leading to chronic starvation and death, with full realisation of the probability of death, places her offence within the worst case category requiring life imprisonment. BW's gross negligence as a parent, failing to provide basic care, ignoring Ebony's suffering and dire condition, warrants a sentence within the worst case category for manslaughter.

Court Disposition

BW convicted and sentenced to 16 years imprisonment (12 years non-parole period); SW convicted and sentenced to imprisonment for life.

Orders

  • BW sentenced to imprisonment comprising a non-parole period of 12 years and balance of sentence of 4 years, sentence backdated to 17 November 2007.
  • SW sentenced to imprisonment for life, sentence backdated to 17 November 2007.