R v Jones [2017] NSWSC 19

R v Jones [2017] NSWSC 19

The appropriate sentence for Mr Jones must reflect the seriousness of the unprovoked attack resulting in death, the objective and subjective factors, his genuine remorse, prospects of rehabilitation, and the need for general deterrence. Special circumstances justified a variation in the statutory ratio to facilitate rehabilitation programs, with a sentence of 10 years imprisonment and a non-parole period of 6 years commencing from 17 July 2015.

Parties
Crown: Regina; Offender: Kaine Geoffrey Jones
Jurisdiction
Australia
Judgment Date
03 February 2017
Procedural Posture
Criminal Sentencing / Sentencing After Guilty Plea
Outcome
Offender convicted and sentenced
Legal Topics
Manslaughter, Sentencing, Unlawful and Dangerous Act, Guilty Plea, Objective Seriousness, General Deterrence, Special Deterrence, Remorse, Rehabilitation, Psychological Assessment
Criminal Law Manslaughter Sentencing Unlawful and Dangerous Act Guilty Plea Objective Seriousness General Deterrence Special Deterrence +3 more

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Parties

Regina

Crown

Kaine Geoffrey Jones

Offender

Procedural Posture

Criminal Sentencing / Sentencing After Guilty Plea

Legal Issues

  1. 1 Appropriate sentence for manslaughter following a plea of guilty to unlawful and dangerous act
  2. 2 Assessment of objective and subjective seriousness of the offence
  3. 3 Degree and impact of remorse and rehabilitation prospects

Ratio Decidendi

The appropriate sentence for Mr Jones must reflect the seriousness of the unprovoked attack resulting in death, the objective and subjective factors, his genuine remorse, prospects of rehabilitation, and the need for general deterrence. Special circumstances justified a variation in the statutory ratio to facilitate rehabilitation programs, with a sentence of 10 years imprisonment and a non-parole period of 6 years commencing from 17 July 2015.

Court Disposition

Offender convicted and sentenced

Orders

  • Kaine Geoffrey Jones is sentenced to 10 years' imprisonment commencing on 17 July 2015 and expiring on 16 July 2025.
  • Non-parole period of 6 years expiring on 16 July 2021.