Guode v The Queen

The appellant, Guode, was convicted of infanticide in relation to the death of her youngest child, and murder and attempted murder in relation to her other three children. The trial judge determined her sentence to be 26 years and 6 months’ imprisonment, with a non-parole period of 20 years. Guode appealed on the basis that the sentence was manifestly excessive, and the High Court allowed the appeal. The Court substituted a total effective sentence of 18 years’ imprisonment with a non-parole period of 14 years.

The appeal raised several issues, including whether the sentence was manifestly excessive, whether the trial judge had erred in failing to adequately consider the impact of Guode’s traumatic life on her culpability, and whether the sentence was disproportionate to the offending. The appeal also considered whether the trial judge had adequately assessed the mitigating factors, including Guode’s major depressive disorder and post-traumatic stress disorder.

In allowing the appeal, the Court found that the sentence was manifestly excessive and disproportionate to the offending. The Court found that the trial judge had failed to adequately consider the impact of Guode’s traumatic life on her culpability, and had not sufficiently assessed the mitigating factors. The Court found that the sentence imposed was disproportionate to the offending, and that a sentence of 18 years’ imprisonment with a non-parole period of 14 years was more appropriate.

The Court substituted a sentence of 18 years’ imprisonment with a non-parole period of 14 years, and allowed the appeal.