Regina v Debbie Marie Adams

[2002] NSWCCA 448

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. Sentencing — Crown appeal — Offences of malicious wounding mother with intent and manslaughter of teacher's assistant in cooking class in Juvenile Justice Centre — prisoner severely disturbed psychologically and extremely dangerous — whether she would ever overcome her aggressive impulsive tendencies doubtful — capacity for self control severely impaired — severe personality disorder of anti-social type — kept in segregated unit — harsh custodial conditions — no suitable safe psychiatric unit available with adequate treatment — sentences manifestly inadequate

Quick Take

A limiting term under s 23(1) of the Mental Health (Criminal Procedure) Act 1990 (NSW) must adequately reflect the objective gravity of the offences, the offender's dangerousness, and the need to protect the community, even where the offender suffers from severe personality disorder, is young, and is held in exceptionally harsh custodial conditions. Where diminished responsibility reduces murder to manslaughter, the starting point remains the felonious taking of human life and a light sentence does not inevitably follow. The absence of suitable psychiatric facilities does not justify an inadequate limiting term.