CITATION: REGINA v DALTON [2004] NSWSC 446 revised - 26/05/2004 HEARING DATE(S): 5/4/04-8/4/04, 13/4/04, 15/4/04, 19/4/04 JUDGMENT DATE:
19 April 2004JURISDICTION:
Common LawJUDGMENT OF: Adams J at 1 DECISION: Sentenced to serve a minimum term of imprisonment of three years and three months from 10 September 2002. Eligible to be released on parole on 9 December 2005. The balance of the term of seven years' imprisonment will expire on 9 September 2009. To be placed under the supervision and control of the Adult Probation Service for the period of parole or such earlier time as that service considers desirable. CATCHWORDS: CRIMINAL LAW - manslaughter - sentence LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 s44 CASES CITED: R v Fernando (1992) 76 A Crim R 58 PARTIES :
Regina
v
Dennis James Dalton (Offender)FILE NUMBER(S): SC 70019/03 COUNSEL: Mr N A P Harrison (Crown)
Mr A W Barber (Offender)SOLICITORS: Mr A Horowitz (Crown)
Ross Hill & Associates (Offender)
Ex tempore - revised
THE SUPREME COURT
OF NEW SOUTH WALES
CRIMINAL DIVISION
ADAMS J
LISMORE: MONDAY 19 APRIL 2004
70019/03 - REGINA v DENNIS JAMES DALTON
NON PUBLICATION ORDER AS TO NAMES OF VICTIM AND VICTIM'S MOTHER
SENTENCE
1 HIS HONOUR: The offender pleaded guilty before me on 8 April 2004 to the offence of manslaughter arising out of the death of a young child on 18 January 2002. It is agreed that the basis of that plea is that the offender caused the child’s death by an unlawful and dangerous act. This plea comes on the verge of the commencement of the offender's trial. Although it has some utilitarian value, this is not great. Aside from avoiding the expense and inconvenience of a trial, its main virtue is that it avoids the necessity of the child's mother giving evidence, which must have been very distressing for her. In accordance with the law as laid down by the Court of Criminal Appeal it seems to me that an appropriate discount from the sentence I would otherwise have imposed is of the order of ten percent.
2 The facts have been agreed and may be briefly stated. The offender was born on 2 December 1983 and was accordingly just over eighteen years of age at the time of the offence. He is now something over twenty years old. In January 2002, the offender and the child’s mother, were living together in a de facto relationship in Casino with the mother’s two children, a baby, born 26 November 2001 and the child born 23 January 2000. The mother was about a year younger than the offender. The child’s natural father, was then serving a prison sentence in Queensland. The offender and the mother had known each other prior to this, when the mother was living with the child and his natural father in Bundaberg. Shortly after the natural father’s incarceration, the offender, the mother and the child moved to Casino. It was mid year and the mother was then three…
Continue reading Regina v Dalton
Sign in free to access the full text
- AGLC
- Regina v Dalton [2004] NSWSC 446
- Case
- [2004] NSWSC 446
- Decision Date
CaseChat Overview and Summary
The court considered several factors in determining the appropriate sentence. These included the nature and circumstances of the offence, Dalton's culpability, any mitigating or aggravating factors, and the impact on the victim's family. The court also had to weigh the principles of deterrence, retribution, and rehabilitation in sentencing. It was established that Dalton's actions were not premeditated but were a result of circumstances that escalated to a fatal outcome. The court further evaluated whether there were any mitigating factors such as Dalton's background, remorse, or any other personal circumstances that could influence the sentencing.
After careful consideration of all the factors, the court found that while the act was grievous, it was not premeditated, and Dalton showed some level of remorse. The court acknowledged the emotional and psychological impact on both the victim's family and Dalton himself. The court determined that a custodial sentence was necessary to uphold the principle of deterrence and retribution, but also took into account the potential for rehabilitation. The court sentenced Dalton to a term of imprisonment, with specific conditions regarding parole and rehabilitation programs.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.