Regina v Jukes [2006] NSWSC 1065

Regina v Jukes [2006] NSWSC 1065

The Court was not satisfied beyond reasonable doubt that the offender intentionally stabbed the deceased with intent to cause grievous bodily harm, and therefore rejected sentencing on the basis of manslaughter by provocation or excessive self-defence. The offence was properly characterised as manslaughter by an unlawful and dangerous act, namely taking and holding a knife in the course of a domestic argument and instinctively partially pushing forward as the deceased moved or lunged towards her. Although the case was exceptional and culpability was low, the taking of human life and the statutory purposes of sentencing required imprisonment; however, the offender's mitigating and...

Jurisdiction
Australia
Judgment Date
13 October 2006
Procedural Posture
Criminal Sentencing for Manslaughter / Remarks on Sentence After Guilty Plea
Outcome
Sentence of imprisonment of 12 months with a balance of term of 12 months, wholly suspended for 2 years.
Legal Topics
['manslaughter' 'unlawful and Dangerous Act' 'domestic Situation' 'special Circumstances' 'suspended Sentence']
['criminal Law' 'sentencing'] ['manslaughter' 'unlawful and Dangerous Act' 'domestic Situation' 'special Circumstances' 'suspended Sentence']

Case Brief

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Procedural Posture

Criminal Sentencing for Manslaughter / Remarks on Sentence After Guilty Plea

Legal Issues

  1. 1 ['Whether the offender should be sentenced on the basis of manslaughter by provocation, manslaughter by excessive self-defence, or manslaughter by an unlawful and dangerous act.' 'Whether the circumstances justified a non-custodial or suspended sentence for manslaughter.' "What sentence was appropriate having regard to the statutory sentencing purposes, aggravating and mitigating factors, and the offender's subjective circumstances."]

Ratio Decidendi

The Court was not satisfied beyond reasonable doubt that the offender intentionally stabbed the deceased with intent to cause grievous bodily harm, and therefore rejected sentencing on the basis of manslaughter by provocation or excessive self-defence. The offence was properly characterised as manslaughter by an unlawful and dangerous act, namely taking and holding a knife in the course of a domestic argument and instinctively partially pushing forward as the deceased moved or lunged towards her. Although the case was exceptional and culpability was low, the taking of human life and the statutory purposes of sentencing required imprisonment; however, the offender's mitigating and...

Court Disposition

Sentence of imprisonment of 12 months with a balance of term of 12 months, wholly suspended for 2 years.

Orders

  • ['Lacy Lee Jukes is sentenced to imprisonment for a period of 12 months to commence on 13 October 2006 and to expire on 12 October 2007 with a balance of term of 12 months to expire on 12 October 2008.' 'The sentence is wholly suspended for a period of 2 years on condition that the offender be of good behaviour for...