R v Niguidula (Sentence) [2023] NSWSC 1283

Supreme Court New South Wales

Medium Neutral Citation: R v Niguidula (Sentence) [2023] NSWSC 1283 Hearing dates: 28 September 2023 Date of orders: 30 October 2023 Decision date: 30 October 2023 Jurisdiction: Common Law - Criminal Before: Dhanji J Decision: (1) Jenny Niguidula is convicted of the murder of Rhonie Apostol. (2) For the offence of murder, you are sentenced to imprisonment for a term of 16 years commencing on 12 December 2019. I set a non-parole period of 12 years commencing on that date and expiring on 11 December 2031. The balance of term is 4 years commencing on 12 December 2031 and is due to expire on 11 December 2035. (3) For the offence of assault occasioning actual bodily harm, you are convicted. Pursuant to s 10A of the Crimes (Sentencing Procedure) Act 1999 (NSW), no further penalty is imposed. (4) Pursuant to s 25C(1) of the Crimes (High Risk Offenders) Act 2006 (NSW), I advise you of the existence of that Act and the fact that it applies to you and to this offence. I direct your legal team to explain the significance of this fact to you. Catchwords: CRIME – Sentence – murder – guilty verdict by jury – stabbed once to the chest with a knife – deceased having an affair with offender – deceased having an affair with another woman – whether intention to kill or intention to do grievous bodily harm – borderline personality disorder – where jury rejected partial defence of substantial impairment – whether offender suffered a mental health impairment – expert evidence – mental condition significantly contributed to offender's inability to control herself – relevance of mental health impairment to sentence – sentence imposed Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Afful v R [2021] NSWCCA 111 Droudis v R (2020) 103 NSWLR 806; [2020] NSWCCA 322 DS v R; DM v R (2022) 109 NSWLR 82; [2022] NSWCCA 156 Kristensen v R [2018] NSWCCA 189 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 MDZ v REGINA [2011] NSWCCA 243 Wornes v R [2022] NSWCCA 184 Category: Principal judgment Parties: Rex (Crown) Jenny Niguidula (Offender) Representation: Counsel: C Taylor (Crown) A Boe (Offender)