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Supreme Court 17 May 2002

R v R F Richards

[2002] NSWSC 415

Assault & violenceHomicide
CRIMINAL LAW SENTENCE MANSLAUGHTER SUBSTANTIAL IMPAIRMENT ATTEMPTED MURDER REDUCED CULPABILITY

Citation: R v R F Richards [2002] NSWSC 415
Court: Supreme Court of New South Wales
Date: 17 May 2002
Judge(s): Kirby J

Background

The accused, a mother of three children, was charged with the murder of her infant child, aged almost 21 months, and the attempted murder of her two older children, aged eleven and six. On 7 February 2001 at Wyee, she introduced carbon monoxide fumes into the cabin of a motor vehicle in which all three children and she were sleeping. Only the infant died.

The accused pleaded not guilty to murder but guilty to the lesser charge of manslaughter on the basis of substantial impairment by an abnormality of mind. She also pleaded guilty to both counts of attempted murder. The Crown accepted those pleas in full satisfaction of the indictment.

The sentencing judgment reveals that the accused had developed a fixed delusion, driven by a series of events following her separation from her second husband. She came to believe, erroneously, that both her former husbands were part of a paedophile ring targeting her children, and that law enforcement and welfare authorities had failed to protect them. Her psychiatric state at the time of the offences was central to the sentencing exercise.

  • What facts were established on the relevant standard of proof for sentencing purposes?
  • To what extent was the accused's moral culpability reduced by her mental state at the time of the offences?
  • Whether a non-custodial sentence was appropriate for manslaughter in circumstances of substantial impairment.
  • How should concurrent sentences for the attempted murder counts be structured, given the time already spent in custody?

Decision

Kirby J found that the accused had been driven by a delusional belief that her children faced imminent harm from a paedophile ring and that no one would protect them. The court accepted substantial psychiatric evidence that she was suffering from a serious abnormality of mind at the time of the offences, which significantly diminished her moral culpability. This finding was central to the sentencing outcome.

The court acknowledged the profound gravity of the offences. Manslaughter and attempted murder are, in ordinary circumstances, offences attracting substantial terms of imprisonment. However, the court found that the particular psychiatric circumstances reduced the accused's culpability to a level where a non-custodial sentence for the manslaughter count was appropriate, noting also that she had already been held in custody.

For the two attempted murder counts, the court imposed fixed terms of imprisonment calculated to expire on the date of sentence, meaning the accused had already served the full term through pre-sentence custody. For the manslaughter offence, the court imposed a five-year good behaviour bond under section 9 of the Crimes (Sentencing Procedure) Act 1999, incorporating conditions including psychiatric supervision through the Adult Probation and Parole Service.

Orders Made

  • Count 2 (attempted murder of Mahon Richards): Fixed term of imprisonment, commencing 7 February 2001 and expiring 17 May 2002 (the date of sentence), reflecting time already served in custody.
  • Count 3 (attempted murder of Braedy Richards): Fixed term of imprisonment, concurrent with Count 2, commencing 7 February 2001 and expiring 17 May 2002.
  • Manslaughter: Section 9 good behaviour bond for five years, commencing 17 May 2002 and expiring 16 May 2007, subject to the following conditions:
  • Appear before the court if called upon during the bond period.
  • Be of good behaviour and notify the Registrar or Clerk of any change of address.
  • Report to the Adult Probation and Parole Service within 24 hours of release and comply with its supervision and directions.
  • Undertake such psychiatric care as the Adult Probation and Parole Service may arrange or direct.
  • Breach of any bond condition may result in the accused being brought back before the court for sentencing according to law, including the possibility of imprisonment.

Key Takeaways

  • Substantial impairment by an abnormality of mind, where established to the required standard, can reduce an offender's moral culpability to a level where a non-custodial sentence is appropriate even for serious offences such as manslaughter.
  • A delusional psychiatric state, fixed and resistant to contrary evidence, was treated by the court as a significant mitigating factor, distinct from ordinary emotional disturbance or poor judgment.
  • Under section 9 of the Crimes (Sentencing Procedure) Act 1999, a bond with conditions including mandatory psychiatric supervision is an available sentencing option for serious offences where culpability is substantially reduced.
  • Fixed terms of imprisonment that expire on the date of sentence reflect the principle that pre-sentence custody can be credited against the total term, resulting in no further time to serve.
  • Sentences for multiple offences arising from the same incident can be structured concurrently, and Kirby J considered the totality of the sentence across all counts in arriving at the final outcome.

Legislation and Cases Referenced

Legislation:
- Crimes Act 1900 (NSW)
- Crimes (Sentencing Procedure) Act 1999 (NSW), s 9

Cases:
- Savvas v The Queen (1995) 183 CLR 1
- R v Storey (1997) A Crim R 519
- Olbrich v The Queen (1999) 199 CLR 270
- The Queen v Blacklidge (unreported, CCA, 12 December 1995)
- R v Georgina Marie Hill (1981) 3 A Crim R 397
- Scognamiglio v R (1991) 56 A Crim R 81
- R v Sette [2000] NSWSC 648
- R v Thomson & Houlton [2000] NSWCCA 309
- Pearce v The Queen (1998) 194 CLR 610