R v Webb

Case [2002] NSWSC 618 28 June 2002

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CITATION: R v WEBB [2002] NSWSC 618

FILE NUMBER(S): SC 70065/01

HEARING DATE(S): 27 June 2002

JUDGMENT DATE: 28 June 2002

PARTIES :

Regina
Daryl Raymond Webb

JUDGMENT OF: Hulme J at 1

COUNSEL : Mr L Gray - Crown
Mr R Tonner - Prisoner

SOLICITORS: Crown: SE O'Connor
Director Public Prosecutions
Prisoner: TA Murphy
Legal Aid Commission

DECISION: Term of imprisonment for a period of 7 1/2 years with a non-parole period of 4 1/2 years. Both periods shall date from 30 September 2000. The Prisoner is eligible for parole on 29 April 2005.

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IN THE SUPREME COURT
OF NEW SOUTH WALES
CRIMINAL DIVISION

HULME J

Friday 28 June 2002

REGINA v Daryl Raymond WEBB

SENTENCE

1 HULME J: On 27 August 2000 Chloe Webb suffered a blow to her forehead. Within half an hour or so an ambulance arrived and the child was found with a lump and bruise on its forehead, not to be breathing, and cyanosed around the mouth area. Despite whatever attention the Ambulance Service could give, she remained unconscious and unresponsive. She was transported to hospital and placed on a life support system for twenty-four hours. During this time there were no signs of cerebral function, and on the afternoon of 28 August she was extubated and declared dead. Chloe had been born on 3 December 1999.

2 Dr Vimpani, a consultant paediatrician with experience in child protection, is of the view that the most likely precipitant for the chain of events leading to Chloe’s death was a forceful contact between the front of her head and a flat surface. There was no bone fracture but Dr Vimpani’s view was that the blow would have been of some force and of sufficient severity to have resulted in her losing consciousness and to stop breathing.

3 Professor Lyons, a forensic pathologist, was of the view that bruising seen on the forehead and intracranial injuries observed on post mortem were the result of the non-accidental application of blunt force between the forehead and another surface. The degree of force was almost certainly sufficient to cause unconsciousness and acute subdural haematoma.

4 When interviewed by police on 27 August 2000 the prisoner gave an account of events calculated to exclude any responsibility on his part. He acknowledged that only he and five children under six years old were present in the house at the time. He said that he was in bed watching television. Chloe was in her cot, crying. He left her to go to the kitchen and when he returned she had froth coming from her mouth and seemed lifeless. He called an ambulance and tried to give mouth to mouth resuscitation.

5 He was arrested and charged with murder on 30 November 2000. He has been in custody ever since.

6 He was committed for trial in September 2001. An indictment charging the prisoner with murder was presented on 24 August 2001 and he was arraigned on 5 October 2001.…

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 Webb

Details

AGLC: R v Webb [2002] NSWSC 618
Case: [2002] NSWSC 618
Decision Date: 28 June 2002

CaseChat Overview and Summary

Daryl Raymond Webb was sentenced by Hulme J in the Supreme Court of New South Wales for the manslaughter of his daughter, Chloe Webb. Chloe suffered fatal injuries on 27 August 2000, and despite medical intervention, she was declared dead the following day. The court found that Chloe's injuries were consistent with a non-accidental application of blunt force to her forehead, likely caused by the defendant's actions.

The court had to decide the appropriate sentence for the manslaughter charge, considering various factors, including the circumstances of the offence, the defendant's background, and his plea. The Crown argued that the offence was a result of an unlawful and dangerous act, while the defence initially contended it was due to criminal negligence. Ultimately, the defendant pleaded guilty to manslaughter based on the Crown's contention.

In sentencing, the court considered the compelling medical evidence of the fatal injuries, the defendant's admission of responsibility, his history of substance abuse, and his difficult upbringing. The court also noted an incident reported by a witness where the defendant displayed inappropriate and rough behaviour with a baby, suggesting a predisposition towards such actions. The defendant's late plea and expressions of remorse were taken into account but did not warrant a significant discount. The court found that the defendant's actions, although not premeditated, were extremely serious and resulted from a sense of frustration and anger.

Considering all factors, the court sentenced Daryl Raymond Webb to a term of imprisonment of seven and a half years, with a non-parole period of four and a half years. The sentence was effective from 30 November 2000, making the defendant eligible for parole on 29 April 2005.

Orders