R v Jenbare [2016] NSWSC 1317

Supreme Court New South Wales

Medium Neutral Citation: R v Jenbare [2016] NSWSC 1317 Hearing dates: 22, 23, 24, 29, 30 August 2016; 5 September 2016 Decision date: 16 September 2016 Jurisdiction: Common Law Before: McCallum J Decision: Offender sentenced to a term of imprisonment with a non-parole period of 5 years commencing on 9 April 2014 and concluding on 8 April 2019 and a balance of term of 4 years concluding on 8 April 2023. Catchwords: CRIME – sentencing – manslaughter on basis of substantial impairment – serious offence involving multiple stab wounds – where offender offered plea of guilty to manslaughter at earliest opportunity – underlying condition of severe, post-traumatic stress disorder, depression and cognitive impairment as survivor of torture while political prisoner in Ethiopia and trauma in refugee camps – unanimous psychiatric evidence that offender's capacity to control himself substantially impaired – significant degree of impairment of offender's ability to control himself Legislation Cited: Crimes Act 1900 (NSW), s 23A Crimes (Sentencing Procedure) Act 1999 (NSW), s 21A(2), s 44(2) Cases Cited: Muldrock v The Queen (2011) 244 CLR 120 [2011] HCA 39 Catley v R [2014] NSWCCA 249 R v Tarrant [2016] NSWSC 1155 R v Halloun [2014] NSWSC 1705 Sumpton v R [2016] NSWCCA 162 Category: Sentence Parties: Solomon Jenbare (offender) Regina (Crown) Representation: Counsel: B Rigg SC (offender) P Lynch (Crown)

Solicitors: Jamison Lawyers (offender) Director of Public Prosecutions (Crown) File Number(s): 2014/108407 Publication restriction: None