R v LTN - [2011] NSWSC 614

Supreme Court

New South Wales

Medium Neutral Citation: R v LTN [2011] NSWSC 614
Hearing dates: 6 June 2011 - 8 June 2011
Decision date: 17 June 2011
Jurisdiction: Common Law - Criminal
Before: Hidden J
Decision:
Sentence of 4 years, NPP 2 years, from 21.3.10

Catchwords: CRIMINAL LAW - plea of guilty to manslaughter in satisfaction of indictment for murder - killing of child by her mother during psychotic episode - substantial impairment
Category: Sentence
Parties: Regina (Crown)
LTN (offender)
Representation: Counsel
S Huggett (Crown)
B Rigg (offender)
Solicitors
S Kavanagh (Solicitor for Public Prosecutions) (Crown)
S E O'Connor (Legal Aid Commission) (offender)

File Number(s): 2010/72112
Publication restriction: Offender to be identified by initials LTN to protect the identity of the child victim.

REMARKS ON SENTENCE

The offender stands for sentence for the manslaughter of her 2 year old daughter. To preserve the anonymity of the child, I shall not refer to either of them by name. The offender was charged before me with the murder of the child, but her plea of guilty to manslaughter was accepted by the Crown in satisfaction of the indictment.

To understand the offence it is necessary to sketch the offender's background. She is 29 years old. She was born in Vietnam, and at the age of 13 she came to this country with her family. She married in 2006, and her daughter was the only child of the marriage. The offence occurred on 21 March 2010. At that time she, her husband and her daughter were living with her parents at Dulwich Hill.

She has a history of mental illness. In 2003 she was diagnosed as suffering from schizoaffective disorder. She received psychiatric treatment, was prescribed medication and was managed by the Marrickville Community Mental Health Centre. Over the ensuing years, she regularly attended that centre and was reviewed by a consultant psychiatrist. She also had home visits from mental health professionals and telephone contact with them. She had the benefit of the supervision of her husband and her parents and, generally, a significant level of family support.

It seems that symptoms of her mental illness first appeared after a cousin, to whom she was close, hanged herself in 2000. She and her father witnessed the aftermath of this suicide. She came under psychiatric care when she was admitted to Rozelle Hospital as an involuntary patient in May 2003, after the intervention by police in an incident in which she locked her family inside the family home. Her behaviour was disorganised and disinhibited, and she suffered auditory hallucinations. She was observed to be talking to her deceased cousin, and appeared to be preoccupied with her death.

She benefited from the treatment available to her and, generally, was compliant with it. However, there were a number of subsequent occasions on which her condition deteriorated.

She was again admitted to Rozelle Hospital in June 2003 because she had been running in front of traffic. Her behaviour was hostile and obstructive and she exhibited paranoid…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v LTN

Details

AGLC: R v LTN [2011] NSWSC 614
Case: [2011] NSWSC 614
Decision Date: 17 June 2011

CaseChat Overview and Summary

The case of R v LTN involved the defendant, LTN, who had pleaded guilty to the manslaughter of her child. The incident occurred during a psychotic episode, leading to the death of her infant. The case was heard by the court of criminal jurisdiction. LTN was initially indicted for murder, but she entered a plea of guilty to the lesser charge of manslaughter due to substantial impairment of her mental capacity at the time of the offence.

The primary legal issues before the court were whether the plea of guilty to manslaughter could stand given the indictment for murder, and if the court could accept the plea in light of the substantial impairment defence. The court had to determine if LTN's mental state at the time of the killing met the criteria for substantial impairment, which would reduce the charge from murder to manslaughter. The court also needed to consider whether accepting the plea of guilty to manslaughter would be just and in the interests of justice, given the severity of the offence and the circumstances surrounding it.

The court examined the evidence and submissions from both parties, assessing the nature and extent of LTN's mental impairment during the incident. It found that LTN suffered from a substantial impairment of her mental functions at the time of the offence, which significantly affected her ability to form the requisite intent for murder. The court concluded that accepting the plea of guilty to manslaughter was appropriate, given the evidence of substantial impairment and the circumstances of the case. The court accepted the plea and found LTN guilty of manslaughter, taking into account the mitigating factors presented.

The court ordered a pre-sentence report to be prepared and set a date for sentencing. The final orders will reflect the court's decision on the appropriate sentence for manslaughter, considering the unique circumstances of the case and the impact of LTN's mental health issues at the time of the offence.

Orders