Supreme Court
New South Wales
Medium Neutral Citation: R v Donna DEAVES [2013] NSWSC 1359 Hearing dates: 12/09/2013 Decision date: 18 September 2013 Before: Rothman J Decision: Sentenced to imprisonment for a non-parole period of 9 years, commencing on 18 October 2011, and concluding on 17 October 2020, and a balance of term being a further 3 years, expiring on 17 October 2023.
First eligible for release on 17 October 2020.
Catchwords: CRIMINAL LAW - sentence - manslaughter - criminal negligence - discount for assistance to authorities - failure to seek medical assistance for child - discount not to result in inappropriate sentence Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Cases Cited: Burns v R [2012] HCA 35; (2012) 246 CLR 334
FS v R [2009] NSWCCA 301; (2009) 198 A Crim R 383
R v Gallagher (1991) 23 NSWLR 220
R v M [2005] NSWCCA 224
R v Pang [1999] NSWCCA 4; (1999) 105 A Crim R 474
R v Sukkar [2006] NSWCCA 92; (2006) 172 A Crim R 151
R v Taktak (1988) 14 NSWLR 226
SZ v R [2007] NSWCCA 19; (2007) 168 A Crim R 249
Veen v R (No 2) [1988] HCA 14; (1988) 164 CLR 465
York v R [2005] HCA 60; (2005) 225 CLR 466Category: Sentence Parties: Regina (Crown)
Donna Deaves (Offender)Representation: Counsel:
H Baker (Crown)
J O'Sullivan (Offender)
Solicitors:
Office of the Director of Public Prosecutions (Crown)
Coastlaw (Offender)
File Number(s): 2011/332073 Publication restriction: This publication is restricted until further ordered. To be published once co-accused sentenced (approx. end of law term).
REMARKS ON SENTENCE
HIS HONOUR: Donna Deaves has pleaded guilty to manslaughter, being the unlawful killing of her daughter, Tanilla Opal Warrick-Deaves (hereinafter, "the deceased"). The deceased was two years and eight months old at the time of her death.
Ms Deaves (hereinafter also referred to as, "the offender") was, on 18 October 2011, charged with accessory after the fact to murder and, on 18 February 2012, was charged with manslaughter. On 15 August 2012, Ms Deaves was also charged with murder.
After pleading not guilty to each of the foregoing charges as late as 18 December 2012, the separate charge for manslaughter was withdrawn and the Crown proceeded on indictment for murder, a statutory alternative to which is manslaughter, together with a charge of accessory after the fact to murder. To those two charges (i.e. murder and accessory after the fact), Ms Deaves pleaded not guilty on every occasion, including on arraignment in this Court, until, on 9 July 2013, following some discussions between the legal representatives of the offender and the Crown, Ms Deaves pleaded not guilty to murder but guilty to manslaughter, which plea the Crown accepted in full satisfaction of the indictment.
The Crown, in accordance with s 35A of the Crimes (Sentencing Procedure) Act 1999 (hereinafter, "the Sentencing Act"), had, during the period when the negotiations were being undertaken, consulted with the family of the victim…
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- AGLC
- R v Donna Deaves [2013] NSWSC 1359
- Case
- [2013] NSWSC 1359
- Decision Date
CaseChat Overview and Summary
The court considered the principles of sentencing for manslaughter due to criminal negligence, which include the degree of culpability, the harm caused, and the appellant's conduct before and after the offence. The court noted that the appellant had shown remorse and had provided significant assistance to the authorities in the investigation, which warranted a discount. However, the court emphasised that a discount should not result in an inappropriate sentence that fails to adequately reflect the gravity of the offence. In this case, the court found that the sentence imposed was not manifestly excessive, and that the discount for the appellant's assistance did not result in an inappropriate sentence.
The court's decision was based on a careful consideration of the principles of sentencing and the particular circumstances of the case. The court held that the sentence imposed was just and appropriate, taking into account the appellant's culpability, the harm caused, and her conduct before and after the offence. The court also held that the discount for the appellant's assistance did not result in an inappropriate sentence, as it was necessary to reflect the appellant's cooperation with the authorities and her remorse. The appeal was therefore dismissed.
The final orders of the court were that the appellant's appeal against sentence was dismissed, and the original sentence of imprisonment for a term of six years with a non-parole period of four years was upheld. The court also noted that the discount for the appellant's assistance to the authorities did not result in an inappropriate sentence, and that the sentence imposed was just and appropriate in all the circumstances.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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