NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: R v Jenkins [2017] NSWSC 593 Hearing dates: 6 April 2017 Date of orders: 18 May 2017 Decision date: 18 May 2017 Jurisdiction: Common Law - Criminal Before: Mathews AJ Decision: For the manslaughter of Cheyne Duncan, I sentence you to imprisonment consisting of a non-parole period of five years and six months, commencing on 19 September 2013 and expiring on 18 March 2019, with a balance of term of three years and six months, commencing on 19 March 2019 and expiring on 18 September 2022, making a total sentence of nine years. The earliest date on which you will be eligible for release on parole will be 18 March 2019. Catchwords: CRIMINAL LAW – sentence – manslaughter – three possible bases for jury's verdict – offer to plead guilty to manslaughter in the Local Court rejected by Crown – found not guilty of murder but guilty of manslaughter by jury at trial – discount applied to sentence for offer – underlying mental problems plus history of drug abuse – special circumstances found Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: R v Oinonen [1999] NSWCCA 310 Category: Sentence Parties: Regina Brandon Jenkins Representation: Counsel: Mr R Herps (Crown) Mr G Scragg (Offender)
Solicitor: Solicitor for the Director of Public Prosecutions (Crown) Jeffreys Lawyers (Offender) File Number(s): 2013/284135 Publication restriction: No Decision under appeal File Number(s): 2013/00284135
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