Case Study – Assessment Task One

Resource Description

R v Thomas Sam; R v Manju Sam (No. 18) [2009] NSWSC 1003 (28 September 2009)
Husband and wife; Thomas and Manju Sam were found guilty and charged with the act of manslaughter due to criminal negligence of their nine – month old daughter. they were found guilty of the most serious case of manslaughter which is an act of unlawful killing without any intent to seriously harm or kill. The prosecutor for their case was Regina (crown) who were represented by Mr M Tedeschi QC and Ms GM O’Rourke. They plead not guilty, but the jury found them guilty due to the compelling evidence given as to them knowing about their daughter’s condition and refusing medical treatment and as to the fact that Thomas Sam practised and studied homeopathy and preferred to treat her himself. Justice Peter Johnson said the baby’s distress and the need for medical treatment would have been self-evident. Thomas Sam was given the penalty of being sentenced with a non – parole period of six years to date from 2 July 2009 and to expire on the 1st July 2015 with a balance term of two years to commence on 2 July 2015 and to expire 1 July 2017 , and now Thomas Sam who is banned for life from practising homeopathy in Australia and was sentenced to 8 years prison with a minimum of six years whereas Manju sentenced non – parole period of four years to date from 28 September 2009 and to expire 27 September 2013 with a balance term of one year and four months to commence on 28th September 2013 and to expire on 27 January 2015.