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Supreme Court 18 May 2017

R v Jenkins

[2017] NSWSC 593

Homicide
CRIMINAL LAW SENTENCE MANSLAUGHTER THREE POSSIBLE BASES FOR JURY’S VERDICT DISCOUNT APPLIED TO SENTENCE FOR OFFER SPECIAL CIRCUMSTANCES FOUND

Citation: R v Jenkins [2017] NSWSC 593
Court: Supreme Court of New South Wales
Date: 18 May 2017
Judge(s): Mathews AJ

Background

The offender was charged with the murder of Cheyne Duncan, a man he had never previously met, following a fatal stabbing in Doonside on 18 September 2013. The stabbing occurred during a street confrontation involving several individuals. The offender intervened in a fight between the deceased and another man and stabbed the deceased once in the chest with a knife he had been carrying.

In the lead-up to the incident, the offender had been in a severely compromised mental state. He had absconded from Westmead Hospital that morning after being diagnosed with drug-induced delirium, and had been observed behaving erratically at Blacktown Railway Station several hours before the stabbing. He had a lengthy history of drug and alcohol abuse, including heavy use of Xanax and reliance on a methadone program.

The offender was indicted for murder and pleaded not guilty. After a trial lasting almost five weeks, the jury returned a verdict of not guilty of murder but guilty of manslaughter. The matter then proceeded to a sentencing hearing before Mathews AJ.

  • What was the appropriate sentence for manslaughter, taking into account the circumstances of the offence and the offender's background?
  • What weight, if any, should be given to the offender's earlier offer to plead guilty to manslaughter, which the Crown had rejected at the Local Court stage?
  • Did the offender's ongoing need for supervision and assistance with drug dependence constitute "special circumstances" justifying a departure from the standard ratio between the non-parole period and the balance of term?

Decision

Mathews AJ noted that manslaughter covers the widest range of culpability of any offence in the criminal calendar, and considered the objective seriousness of this particular offence in light of the offender's severely impaired mental state at the time. Psychiatric and pharmacological evidence played a significant role at trial, and the jury's verdict on manslaughter was capable of resting on one of three possible bases, reflecting the complexity of the offender's mental condition.

Her Honour accepted that the offender had made a genuine offer to plead guilty to manslaughter before the matter reached the Supreme Court, and that the Crown had rejected that offer at the Local Court stage. Consistent with the approach in R v Oinonen [1999] NSWCCA 310, a discount of approximately 10% was applied to the sentence that would otherwise have been imposed. Without that discount, her Honour indicated she would have imposed a sentence of 10 years with a non-parole period of just over six years.

Her Honour found that special circumstances existed, namely the offender's continuing need for supervision and assistance in relation to his drug dependence. However, she declined to adopt the 50/50 split between non-parole and balance of term proposed by the offender's counsel, finding that ratio excessive. A modified ratio was applied instead.

The Court also noted the offender's background, including underlying mental health problems, his history of drug and alcohol abuse, his limited custodial record before this offence, and his prospects of rehabilitation, assessed as moderate. Victim impact statements from the deceased's family and partner were received and acknowledged by the Court, though her Honour noted that the legislature does not permit the sentence to reflect the full extent of the family's loss.

Orders Made

  • The offender was sentenced to a total term of nine years imprisonment for the manslaughter of Cheyne Duncan.
  • Non-parole period: five years and six months, commencing 19 September 2013 and expiring 18 March 2019.
  • Balance of term: three years and six months, commencing 19 March 2019 and expiring 18 September 2022.
  • Earliest eligible parole date: 18 March 2019.

Key Takeaways

  • An offender who makes a genuine offer to plead guilty to a lesser charge, where the Crown rejects that offer and the offender is ultimately convicted of that lesser charge at trial, may receive a sentencing discount reflecting the utilitarian value of the offer. The Supreme Court applied a discount of approximately 10% on these facts, following R v Oinonen.
  • A conviction for manslaughter can rest on multiple alternative bases, and the sentencing court must proceed consistently with all of them where the verdict does not disclose which basis the jury adopted.
  • Severe drug-induced mental impairment at the time of an offence is a relevant mitigating factor in sentencing for manslaughter, particularly where supported by psychiatric and pharmacological evidence.
  • Special circumstances within the meaning of the Crimes (Sentencing Procedure) Act 1999 (NSW) can be established by an offender's ongoing and demonstrated need for supervision and assistance in managing drug dependence, though courts retain discretion as to the extent of any variation from the standard ratio.
  • Victim impact statements are received and acknowledged by the sentencing court but cannot, as a matter of law, cause the sentence to reflect the full extent of the loss suffered by those close to the deceased.

Legislation and Cases Referenced

Legislation
- Crimes Act 1900 (NSW)
- Crimes (Sentencing Procedure) Act 1999 (NSW)

Cases
- R v Oinonen [1999] NSWCCA 310