R v Howard [2000] NSWSC 876

R v Howard [2000] NSWSC 876

Sentencing for manslaughter by violent shaking of an infant requires recognition of the crime's seriousness, especially given prior relevant convictions and the vulnerability of children; allowing for rehabilitation prospects, remorse, guilty plea, and hardship in strict custody, a sentence of seven years six months with a non parole period of five years six months is appropriate.

Jurisdiction
Australia
Judgment Date
31 August 2000
Procedural Posture
Criminal / Sentencing
Outcome
sentence imposed
Legal Topics
['manslaughter' 'sentencing' 'child Protection']
['criminal Law'] ['manslaughter' 'sentencing' 'child Protection']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for manslaughter by unlawful and dangerous act' 'Consideration of prior conviction in sentencing' 'Assessment of rehabilitation prospects and personal factors']

Ratio Decidendi

Sentencing for manslaughter by violent shaking of an infant requires recognition of the crime's seriousness, especially given prior relevant convictions and the vulnerability of children; allowing for rehabilitation prospects, remorse, guilty plea, and hardship in strict custody, a sentence of seven years six months with a non parole period of five years six months is appropriate.

Court Disposition

sentence imposed

Orders

  • ['Prisoner sentenced to seven years six months imprisonment, commencing 22 August 1999 and expiring 21 February 2007.' 'Non parole period fixed at five years six months; eligibility for parole on 22 February 2005.']