SAM, Thomas v R SAM, Manju v R [2011] NSWCCA 36

SAM, Thomas v R SAM, Manju v R [2011] NSWCCA 36

The appeals against conviction failed because the evidence supported findings that Gloria's untreated and prolonged deterioration, severe malnutrition and infection were caused by the appellants' gross failure to obtain appropriate conventional medical care, particularly after returning to Australia, and that this neglect was causative of her death. The directions on the reasonable parent test and, for Thomas Sam, the reasonable homeopath case were not erroneous, no unfairness from counsel's conduct was shown, and the verdicts were not unreasonable. Leave to appeal against sentence was granted, but the sentence appeals were dismissed because the sentencing judge made findings open on the...

Jurisdiction
Australia
Judgment Date
10 March 2011
Procedural Posture
Criminal Appeal Against Conviction and Application for Leave to Appeal Against Sentence / Court of Criminal Appeal
Outcome
Appeals against conviction dismissed. Leave to appeal sentences granted but appeals dismissed.
Legal Topics
['manslaughter by Criminal Negligence' 'parental Duty of Care' 'reasonable Parent Test' 'reasonable Homeopath Test' 'unreasonable Verdict' 'causation' 'severity Appeal' 'delay' 'extra Curial Punishment' 'apprehended Bias']
['criminal Law' 'criminal Procedure' 'sentencing'] ['manslaughter by Criminal Negligence' 'parental Duty of Care' 'reasonable Parent Test' 'reasonable Homeopath Test' 'unreasonable Verdict' 'causation' 'severity Appeal' 'delay' 'extra Curial Punishment' 'apprehended Bias']

Case Brief

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Procedural Posture

Criminal Appeal Against Conviction and Application for Leave to Appeal Against Sentence / Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the evidence of causation was sufficient to support convictions for manslaughter by criminal negligence.' 'Whether the trial judge adequately directed the jury on breach of duty, causation and the reasonable person or reasonable parent test, including whether cultural background should have been included.' 'Whether the Crown was properly permitted to rely on an alternative basis of liability involving the standard of a reasonable homeopath.' 'Whether the conduct of counsel for Thomas Sam deprived him of a fair chance of acquittal.' 'Whether the verdicts were unreasonable and could not be supported by the evidence.' "Whether the sentences imposed were manifestly excessive or otherwise affected by error, including delay, extra-curial punishment, hardship to the appellants' child and alleged need for disqualification of the sentencing judge."]

Ratio Decidendi

The appeals against conviction failed because the evidence supported findings that Gloria's untreated and prolonged deterioration, severe malnutrition and infection were caused by the appellants' gross failure to obtain appropriate conventional medical care, particularly after returning to Australia, and that this neglect was causative of her death. The directions on the reasonable parent test and, for Thomas Sam, the reasonable homeopath case were not erroneous, no unfairness from counsel's conduct was shown, and the verdicts were not unreasonable. Leave to appeal against sentence was granted, but the sentence appeals were dismissed because the sentencing judge made findings open on the...

Court Disposition

Appeals against conviction dismissed. Leave to appeal sentences granted but appeals dismissed.

Orders

  • ['Appeals against conviction dismissed.' 'Leave to appeal sentences granted but appeals dismissed.']