R v Jason Robert NAA [2009] NSWSC 1077

New South Wales Supreme Court

CITATION : R v Jason Robert NAA [2009] NSWSC 1077

HEARING DATE(S) : 01/09/2009, 25/09/2009

JUDGMENT DATE : 9 October 2009

JUDGMENT OF : Howie J at 1

On the charge of murder the offender is sentenced to a total period of custody of 23 years. There is to be a non-parole period of 17 years 3 months and a balance of term of 5 years 9 months. The sentence is to date from 20 October 2007 and the non-parole period expires on 19 January 2025. DECISION : On the charge of assault occasioning actual bodily harm the offender is sentenced to a fixed term of 22 months to date from 20 October 2007 and that expired on 19 August 2009. On the charge of using an offensive weapon the offender is sentenced to a fixed term of 3 years and 3 months to date from 20 October 2007 and is to expire on 19 January 2011.

CATCHWORDS : Criminal Law - Sentence - conviction for murder - jury rejects defence of substantial impairment - relevance of offender's mental state at time of killing - objective seriousness of offence less than mid range.

LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 - s 21A(3)(j)

CASES CITED : MLP v R [2006] NSWCCA 271; 164 A Crim R 93

PARTIES : Regina v Jason Robert Naa

FILE NUMBER(S) : SC 2008/8420

COUNSEL : W Creasey - Crown G Scragg - Offender

SOLICITORS : S Kavanagh - Crown Jeffreys & Associate - Offender

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION CRIMINAL LIST

HOWIE J

FRIDAY 9 OCTOBER 2009

2008/8420 REGINA v Jason Robert NAA

REMARKS ON SENTENCE 1 HIS HONOUR: After trial by jury the offender was convicted of murdering the deceased, Kara Kenny, at Wyong on 20 October 2007. He was also convicted of an offence of assault occasioning actual bodily harm on her grandmother, Doris Jerums. Before the trial the offender pleaded guilty to a charge that on 20 October 2007 he used an offensive weapon to prevent the lawful apprehension of himself. The charge of murder carries a maximum penalty of life imprisonment with a standard non-parole period of 20 years. The assault charge carries a maximum penalty of imprisonment for 5 years and the offensive weapon charge a maximum penalty of 12 years imprisonment. 2 When first arraigned before the jury the offender pleaded guilty to manslaughter on the murder charge and guilty to the other two offences. The Crown did not accept the manslaughter plea. However, after he had given evidence before the jury, I rejected the pleas of guilty to the charge of manslaughter and the assault charge. 3 The facts can be briefly stated. The offences all arise from the one incident that occurred over several hours in the early morning of 20 October 2007. The offender and the deceased had been in a relationship since 2001 when the deceased was aged 18, five years younger than the offender. At the time of the stabbing the relationship had ceased but they were living in the same premises, a townhouse rented by the deceased. She had permitted the offender to stay there because he had nowhere else to live. The townhouse was next door to similar premises in which the deceased's grandparents lived. The deceased and the offender had two children then aged 5 and 2. 4 The relationship between the offender and the deceased had been punctuated by domestic violence. There was evidence before the jury that on occasions the offender had threatened or assaulted the deceased and on at least two occasions she had sought refuge with her mother or grandparents. The offender would become aggressive under the influence of alcohol. On one occasion, when the deceased was staying with her grandparents in order to avoid the offender, he came to the house. While the grandfather was trying to get him to leave the premises, the offender struck him in the face breaking his nose. 5 On the evening of the killing there had been a number of disputes between the offender and the deceased over the children. At about 10.30pm they had an argument about the fact that the children were not in bed. The offender left the premises and went to a local hotel where he purchased 6 full-size bottles of full-strength beer. He consumed them sitting on the front patio of the premises. 6 At 11.56 pm the deceased came into the grandparent's premises with the youngest child to use the phone to make a triple 0 call. During the call she said: