Sydney Morning Herald


Six years for fatally bashing girlfriend's son

Date April 19, 2013

NSW Supreme Court
Nathan William Forrest

Killed by mother's boyfriend ... Bailey Constable.
A man who was like a "ticking time bomb" when he was high on drugs has been sentenced to at least six years for bashing his girlfriend's four-year-old son to death after injecting speed.

Nathan William Forrest pleaded not guilty to murder, but guilty to manslaughter of Bailey Constable, who died after suffering several blows on April 1, 2011, at a home near Warren, in the state's west.

The Crown accepted his plea.

In the NSW Supreme Court on Friday, Justice Elizabeth Fullerton sentenced Forrest to a maximum eight years in jail, with a non-parole period of six years.

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Justice Fullerton said Forrest had been in a position of authority that night, having bathed Bailey after he spent the day at home sick.

She said Bailey had been treated in hospital days earlier for a black eye and other injuries, but she could not positively find those wounds were inflicted by Forrest.

"On the night Bailey was fatally assaulted, he was particularly vulnerable and defenceless given his ill health and the fact he was recovering from injuries days earlier," she said.

Bailey's mother, Jessica Constable, previously told the court she was home alone with her son, and he was sick and had a urinary tract infection. She put him to bed before Forrest came home about 9.30pm.

She said she had seen Forrest inject himself with speed the night before, and he was "aggravated - anything could make him spark or crack" when he returned home that night.

Ms Constable said Bailey called out to say he had wet his bed, and Forrest said he would be "the father figure" and go upstairs to bathe him.

She said she heard three "loud bangs"' while Forrest was bathing the boy and a fourth as she was walking towards the bathroom.

After each bang, she said Forrest angrily yelled at the boy to "stop it".

When Ms Constable stood at the bathroom door she said Bailey "took a step towards me and fell to his knees", and as she was putting on his pyjamas the boy had glassy eyes.

Ms Constable said Forrest told her to go back downstairs, and she did out of a fear of being hit.

Minutes later, Forrest called out to her.

"Bailey was blue on the floor and had four red dots on his forehead. All I could do was scream out his name."

She said Forrest shook the child "vigorously" to try and get him to respond, before he conducted CPR.

Ms Constable said Forrest had asked her to tell people they put the child in the bath, and came back into the bathroom to find him face down in the water.

As the sentence was handed down, members of Bailey's family gasped in disbelief and Forrest angrily gestured as he was taken down to the cells.

The earliest date Forrest can be released is May 6, 2017.

This is a clear case of a child, who undoubtedly had led a terrible, tragic short life. One full of misery and hopelessness which ended violently as so often happens at the hand's of the mother's 'boyfriend'.

This scenario is being repeated over and over again and yet on this occasion the perpetrator received a minimum sentence of six years.

It IS JUST NOT GOOD ENOUGH!

In  my next post I will supply the reply I received from the Attorney General of New South following  my complaint about lack of punishment for the offender.

Thank you for your email to the Attorney General, the Hon Greg Smith SC MP,
about the use of 'plea bargaining' and the sentence imposed on Nathan
Forrest for the manslaughter of Bailey Constable.  The Attorney General has
asked me to reply on his behalf.

The process by which a prosecutor agrees to withdraw a charge on the
condition that the accused pleads guilty to another charge is known as
charge negotiation.  It has an important role in our criminal justice
system, for example by ensuring that an offender is convicted.  The DPP's
Prosecution Guidelines state that 'An alternative plea will not be
considered where its acceptance would produce a distortion of the facts and
create an artificial basis for sentencing, or where facts essential to
establishing the criminality of the conduct would not be able to be relied
upon'.

Further information about how the DPP undertakes charge negotiation is in
section 20 of the Prosecution Guidelines, which are available at:
http://www.odpp.nsw.gov.au/guidelines/guidelines.html

Regarding sentencing decisions, if a penalty is manifestly inadequate, the
prosecution may appeal the sentence to a higher court.  While the Attorney
General must not intervene in decisions about sentences or appeals, he does
understand more needs to be done to bring the system of sentencing into
line with community expectations.

The Attorney General has asked the NSW Law Reform Commission to examine
sentencing laws, including opportunities to simplify the law while
providing a framework that ensures transparency and consistency.  Recently
he announced the NSW Government will reform the system of standard
non-parole periods.  He is also currently considering the NSW Sentencing
Council’s report on the use of non-conviction orders and good behaviour
bonds, including whether further limits should be imposed on the ability of
magistrates to impose those orders and bonds.

You may also be interested to know that the Attorney General introduced
legislation to Parliament to enable the continued detention or extended
supervision of high risk violent offenders who would pose an unacceptable
risk to community safety if they were released without supervision.  The
legislation commenced on 19 March 2013.

Thank you again for taking the time to bring your concerns to the Attorney
General's attention, and I trust the information provided assures you that
he is driving a wide range of important reforms to the criminal justice
system.

Yours faithfully

for Director
Community Relations Unit
NSW Department of Attorney General & Justice
Locked Bag 5111, Parramatta NSW 2124
Phone:  02 8688 7586
Fax:      02 8688 9620
Email:  communityrelations@agd.nsw.gov.au

Department of Attorney General and Justice - Promoting a Just and Safe Society.

Visit us at www.lawlink.nsw.gov.au


THIS REPLY IS A WHITEWASH

The system is awash with similar sentences being handed out to offenders who bash and often kill young children. The punishment should fit the crime. in this case of Bailey Constable's death the offender should have received no less than a Life Sentence.

Our society should hang its head in shame for what we allow, our joke of a so called Justice system, to hand down as sentences.

red baron wrote on May 28^th, 2013 at 9:47am:



I would be too close to be rational about the revenge inflicted.
I would also know nothing is cut and dry. A lot of abuse is learnt in childhood and then carried on in adulthood. Revenge does not break this cycle, it inflames it.

red baron wrote on May 28^th, 2013 at 10:09am:



The criminal system has everything to do with revenge. The person found guilty is still thrown to the lions.

To your question, No.
Inflicting punishment has not ended any crime.
I would rather see the loss as a catalyst for change in breaking the cycle. At least the death would not be wasted.

Bobby. wrote on May 28^th, 2013 at 10:22am:


Yep.

6 years for an innocent little boys life....



Have a good look the next time you see an innocent little 4yo boy.

Have a good look at how small he is.

Have a good look at how easily it would be to cause him harm.

Have a good look at how dependant on the help of adults he is.


His life is worth 6 years.

Killed by a no good stinking drug riddled piece of crap.

This drugged up piece of crap should be dragged out the back and put down like a bad dog.

red baron wrote on May 28^th, 2013 at 10:47am:



That is not what I said.

Anarchy is mob rule and that is what you are attempting to incite here and I refuse to dumb down and be a member of your mob.

I would like to see change happen within society so to reduce the likelihood of perpetuating more murders like this one.
I did not say that the perpetrator should walk free.

Some changes I would like to see.

Decriminalisation and the legalisation of all drugs.
Then full on education and support so to set up the shifting of humanity pass the point where drugs are an accepted part of our behaviour.

Shift in the perpetuation that a child is property, so that community are the careers.
Too many parents are under stress because of the quantity of pressure they are under. This pressure is then released onto the child. Even the very best parent is human.
By shared responsibility of the child, the less chance that child is exposed to learning primitive behaviour.

And thirdly, if we are to have a criminal system of judgement, then it is time to take responsibility for it.
Until we do this, the whole system is just revenge that perpetuates more crime.

FriYAY wrote on May 28^th, 2013 at 10:47am:


That is too merciful. First he should be mentally and physically destroyed over a prolonged period so he begs to be killed.