R v Jenkin (No 19) (Sentence) [2019] NSWSC 609

Supreme Court New South Wales

Medium Neutral Citation: R v Jenkin (No 19) (Sentence) [2019] NSWSC 609 Hearing dates: 6 December 2018; 20 February 2019; 12 April 2019 Decision date: 23 May 2019 Jurisdiction: Common Law Before: Hamill J Decision: Sentenced to a total effective term of imprisonment of 19 years with a total effective non-parole period of 14 years (see [46]-[47] for individual sentences). Catchwords: CRIMINAL LAW – sentencing – manslaughter – offender found not guilty of murder – no intention to cause really serious injury – unlawful and dangerous act – detention of victim for several days – series of assaults during detention – victim homeless alcoholic – victim vulnerable – financial motivation of detention–assaults caused by frustration and temper – treatment of corpse – impact on victim's daughter – victim gave best life advice – all life precious – all life equal

CRIMINAL LAW – sentencing – conspiracy to murder – motivation to interfere with missing person or homicide investigation – offender instructs stepbrother to murder a potential witness – plan to give witness a "hot shot" – maladroit effort to carry out plan – accumulation of sentences – totality of criminality – special circumstances Legislation Cited: Crimes Act 1900 (NSW), ss 24 and 26 Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 21A(2) and 28 Cases Cited: R v Baker [2017] NSWCCA 233 R v Hines (No 3) [2014] NSWSC 1273 R v Jenkin (No 18)(Verdict) [2018] NSWSC 978 R v Lindstrom [2008] NSWSC 198 R v Paul William Turner [2018] NSWSC 1929 Category: Sentence Parties: Regina Mark Kenneth Jenkin Representation: Counsel: M Fox (Regina) G Corr (Offender)