Regina v Jukes [2006] NSWSC 1065

New South Wales Supreme Court

CITATION : Regina v Jukes [2006] NSWSC 1065

HEARING DATE(S) : 16/08/2006, 24/08/2006, 06/09/2006

JUDGMENT DATE : 13 October 2006

JUDGMENT OF : Hoeben J at 1

DECISION : Sentence of imprisonment of 12 months with a balance of term of 12 months - such sentence to be fully suspended for 2 years.

CATCHWORDS : Criminal law - sentencing - manslaughter - unlawful and dangerous act - offender pleaded guilty to manslaughter - domestic situation - special circumstances - suspended sentence under s9 Crimes (Sentencing Procedure) Act 1999.

LEGISLATION CITED : Crimes Act 1900 Crimes (Sentencing Procedure) Act 1900

R v Bogunovich (Maxwell J, 30 May 1985) R v Stanley Edward Fernando (1992) 76 A Crim R 58 R v Hill (1980) 3 A Crim R 397 CASES CITED : R v Kennedy [2000] NSWSC 109 R v Melrose [2001] NSWSC 847 R v Previtera (1997) 94 A Crim R 76 R v Roberts (Hunt J, 31 August 1989, unreported) R v Zamagias [2002] NSWCCA 17

PARTIES : Crown Lacy Lee Jukes - Offender

FILE NUMBER(S) : SC 2005/2088

COUNSEL : Mr Paul Lynch - Crown Mr John Stratton SC - Offender

SOLICITORS : Solicitor for Public Prosecutions - Crown Kamilaroi Legal Services - Offender

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

HOEBEN J

Friday, 13 October 2006

2005/2088 – REGINA v Lacy Lee JUKES

REMARKS ON SENTENCE 1 HIS HONOUR: On 24 August 2006 Lacy Lee Jukes (the offender) pleaded guilty to the manslaughter of Mack Tepeanapene Hati at Woolomin on 13 September 2003. Mr Hati's death was caused by a single stab wound with a knife to the left side of his chest, which damaged his lung and the large blood vessels at the top of the heart. The offender was arrested on 13 September 2003 and was subsequently charged with the offence of murder. She has spent 90 days in custody. She has been at liberty on conditional bail with twice weekly reporting conditions until the present time. 2 There was no agreed basis upon which the plea was entered. On behalf of the offender it was submitted that she should be sentenced on the basis of having committed an unlawful and dangerous act, ie grabbing and holding a knife in the course of a domestic argument. On behalf of the Crown it was submitted that the offender should be sentenced on the basis of manslaughter by provocation or manslaughter by excessive self-defence. The Crown did accept that a finding of manslaughter by an unlawful and dangerous act was open on the facts. 3 This lack of agreement requires me to analyse the facts so far as they are known and to determine on which basis the offender should be sentenced.