R v Sean Lee King [2013] NSWSC 801

Supreme Court New South Wales

Medium Neutral Citation: R v Sean Lee King [2013] NSWSC 801 Hearing dates: 8 April, 10-12 April, 15-18 April, 22-24 April, 26 April, 29 April; 6 June 2013 Decision date: 21 June 2013 Jurisdiction: Common Law - Criminal Before: Bellew J Decision: The offender is sentenced as follows: (i) In respect of the charge of assaulting Kimberly Lasaqa thereby occasioning actual bodily harm to her, the offender is sentenced to a fixed term of 9 months imprisonment commencing on 1 October 2011 and ending on 30 June 2012. (ii) In respect of the charge of recklessly inflicting grievous bodily harm upon David Lindsay, the offender is sentenced to a fixed term of 2 years and 6 months imprisonment, commencing on 1 April 2012 and ending on 30 September 2014. (iii) In respect of the charge of murdering Jazmin-Jean Ajbschitz I fix a non-parole period of 24 years imprisonment, commencing on 1 April 2013 and ending on 31 March 2037, with a balance of term of 8 years imprisonment, commencing on 1 April 2037 and ending on 31 March 2045. (iv) The total term of imprisonment is one of 33 years and 6 months. (v) The total non-parole period is one of 25 years and 6 months. (vi) The offender will be eligible for release on parole on 1 April 2037. (vii)The sentence will expire on 31 March 2045. Catchwords: MURDER - sentence following verdict of guilty by a jury - where offender and deceased in a domestic relationship - where previous acts of violence by the offender towards the deceased in the course of that relationship - necessity to determine sentence in the context of that relationship - where offence of murder aggravated by the offender having been released on conditional liberty only three months earlier - where offender's expressed remorse appeared genuine - where prospects of rehabilitation dependent upon commitment and adherence to treatment to address drug addiction - where offender's conduct of trial reflected a willingness to facilitate the course of justice