R v SW and BW (No 1) [2009] NSWSC 529

Facts: A 7 year old child died from chronic malnutrition caused by starvation and profound neglect. The prosecution (Pr) argued that the parents were guilty of murder by reckless indifference to human life.

Held: The mother was convicted of murder and the father of manslaughter, for breaching their duty of care as parents to provide adequate nourishment and medical attention. In sentencing the mother, there was an acceptance that she fully realised the probability of child dying and deliberately omitted to do anything about it (reckless indifference to human life). The mother exercised a choice to do nothing to save her child even though it was certain that her child would die without intervention.