R v Cust [2021] NSWSC 1515

R v Cust [2021] NSWSC 1515

Although the killing was a sustained, brutal knife attack that caused the death of an older, smaller and unarmed man and required a grave sentence, the offence was committed immediately after extreme provocation of a high order: the deceased attempted to sexually assault the sleeping offender in breach of trust. The offender was young, had no prior convictions, surrendered to police, confessed, cooperated with the criminal justice process, had shown genuine remorse, had strong family support and had strong prospects of rehabilitation. Applying the required 25% discount for willingness to plead guilty, a sentence of 6 years imprisonment with a non-parole period of 4 years and 6 months was...

Jurisdiction
Australia
Judgment Date
25 November 2021
Procedural Posture
Sentence / Sentencing After Jury Found the Offender Not Guilty of Murder and Guilty of the Alternative Charge of Manslaughter
Outcome
Jamie Cust was convicted of manslaughter and sentenced to imprisonment for 6 years with a non-parole period of 4 years and 6 months.
Legal Topics
['manslaughter' 'extreme Provocation' 'attempted Sexual Assault' 'guilty Plea Discount' 'special Circumstances' 'remorse' 'rehabilitation Prospects']
['criminal Law' 'sentencing'] ['manslaughter' 'extreme Provocation' 'attempted Sexual Assault' 'guilty Plea Discount' 'special Circumstances' 'remorse' 'rehabilitation Prospects']

Case Brief

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Procedural Posture

Sentence / Sentencing After Jury Found the Offender Not Guilty of Murder and Guilty of the Alternative Charge of Manslaughter

Legal Issues

  1. 1 ['What sentence should be imposed for the manslaughter of Jesus Bebita after the jury concluded that the Crown had failed to disprove extreme provocation under s 23(1) of the Crimes Act 1900 (NSW).' "How the gravity of the offence should be assessed in light of the brutal knife attack and the deceased's attempted sexual assault of the offender." 'Whether the offender should receive a 25% discount under s 25E of the Crimes (Sentencing Procedure) Act 1999 (NSW) for willingness to plead guilty to manslaughter.' 'Whether special circumstances should be found under s 44(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW).' "What weight should be given to the offender's youth, absence of prior convictions, remorse, cooperation, family support and rehabilitation prospects."]

Ratio Decidendi

Although the killing was a sustained, brutal knife attack that caused the death of an older, smaller and unarmed man and required a grave sentence, the offence was committed immediately after extreme provocation of a high order: the deceased attempted to sexually assault the sleeping offender in breach of trust. The offender was young, had no prior convictions, surrendered to police, confessed, cooperated with the criminal justice process, had shown genuine remorse, had strong family support and had strong prospects of rehabilitation. Applying the required 25% discount for willingness to plead guilty, a sentence of 6 years imprisonment with a non-parole period of 4 years and 6 months was...

Court Disposition

Jamie Cust was convicted of manslaughter and sentenced to imprisonment for 6 years with a non-parole period of 4 years and 6 months.

Orders

  • ['Jamie Cust is convicted of the manslaughter of Jesus Bebita on 18 December 2018 at Scone in this State.' 'He is sentenced to 6 years imprisonment for that offence, with a non-parole period of 4 years and 6 months. The sentence will date from 18 December 2018. The non-parole period will expire on 17 June 2023. The...