Rose (No.2) [2025] NSWSC 88
1 judgment
Rose (No.2) [2025] NSWSC 88
ChapterManslaughter – impact of deprived childhood – interrupted schooling – homelessness
Coram: Weinstein J
- Sentence imposed for manslaughter caused by unlawful and dangerous act – while intoxicated offender became angry and punched victim to head – made victim unsteady on feet – victim later died from injuries caused by falls after offender left
- Sentencing judge took into account evidence of offender’s difficult and deprived background including domestic violence, sexual abuse, early substance abuse, interrupted schooling and homelessness under Bugmy – reduced moral culpability: at [148]
- Impact of offender’s significant periods of homelessness since young age:
- [139] I have written elsewhere that in my view homelessness sits at the apex of disadvantage: see R v Edwards [2022] NSWDC 110 at [97]. Without a home, one cannot have visitors. It is not possible to receive mail without a fixed home address. One cannot enter a home address on an application for a driver’s licence or other identification, or for government support. Without a home, there is no access to electricity, gas or water. It is not possible to store food, clothing and other possessions safely and securely. There is no Wi-Fi, which we take for granted, and no access to the internet on which we all depend. Where does one wash? Where does one cook? How does one stay warm or dry? How does one stay safe? In the context of this case, how will those who will supervise, be able to locate him?
- [140] Mr Rose’s homelessness is directly related to his childhood deprivation. In the future, it will be necessary for him to have a home in order to have the best chance of rehabilitation. If he has no fixed home address, it will be extremely difficult for him to access treatment from service providers, including Community Corrections and case management services. It will be difficult for him to maintain meaningful relationships, which is clear from the offender’s history to date. Ms Hübner noted that the offender’s high risk of reoffending would decline if his dynamic factors were addressed. Perhaps the easiest dynamic factor to remedy is to find him stable accommodation. In my opinion, it is of utmost importance to ensure that the offender has a home, which I believe will materially reduce the risk of his reoffending.
Chapter: Homelessness (opens in a new tab)Case Summaries (opens in a new tab)See full case: 2025 NSWSC 88 (opens in a new tab)