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New South Wales |
Case Name: | R v LN; R v AW (No. 10) |
Medium Neutral Citation: | [2017] NSWSC 1387 |
Hearing Date(s): | 11 August 2017 |
Date of Orders: | 12 October 2017 |
Decision Date: | 12 October 2017 |
Jurisdiction: | Common Law |
Before: | Johnson J |
Decision: | With respect to LN: |
Catchwords: | SENTENCING – sentence following trial – murder of three-year old child by mother and stepfather - mother killed child – stepfather guilty by application of principles of extended joint criminal enterprise – joint criminal enterprise between mother and stepfather to assault child over 51-day period before murder occurred – extensive emotional and physical abuse over 51-day period before murder occurred – fatal injuries committed by mother attacking the child in a manner involving substantial acceleration/deceleration forces – parents stated injuries occurred by tripping - pattern of assaults taken into consideration in assessing objective seriousness – victim impact statements of extended family considered – objective seriousness determined as very significantly above mid-range for mother – objective seriousness determined as significantly above the mid-range for stepfather – mental illness of mother considered – hardship of likely protective custody for both parents considered – statutory threshold for life sentences in s.61(1) Crimes (Sentencing Procedure) Act 1999 not met – standard non-parole period of 25 years - sentence of 44 years with a non-parole period of 33 years imposed on mother – sentence of 40 years with a non-parole period of 30 years imposed on stepfather – consideration as to whether “de facto” life sentences |
Legislation Cited: | Children (Criminal Proceedings) Act 1987. |
Cases Cited: | Baines v R [2016] NSWCCA 132 |
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- Case
- [2017] NSWSC 1387
- Decision Date
CaseChat Overview and Summary
The court examined the objective seriousness of the offence, the moral culpability of the offenders, their subjective circumstances, and other relevant factors to determine whether the statutory criteria for life sentences were met. The court found that while the crime was heinous, LN's level of culpability did not reach the extreme threshold required for a life sentence. The court determined that the objective seriousness of the offence was very significantly above the mid-range, but the combined effect of the statutory indicia of retribution, punishment, community protection, and deterrence did not necessitate a life sentence. Similarly, the court found that AW's level of culpability, although significant, did not warrant a life sentence. The court considered the pattern of assaults over a 51-day period, the mental illness of LN, and the hardship of protective custody for both parents. Ultimately, the court imposed a sentence of 44 years with a non-parole period of 33 years for LN, and a sentence of 40 years with a non-parole period of 30 years for AW.
The final orders of the court were that LN was sentenced to 44 years imprisonment with a non-parole period of 33 years, and AW was sentenced to 40 years imprisonment with a non-parole period of 30 years. The court did not impose life sentences on either defendant, finding that the statutory threshold for such sentences had not been met.
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