R v Jones (No 3) [2014] NSWSC 1511

R v Jones (No 3) [2014] NSWSC 1511

The offender was convicted of murder, having intentionally killed the deceased by ligature strangulation after inflicting blunt force injury and applying a corrosive chemical. The murder was spontaneous but of utmost seriousness, with significant aggravating factors including previous violent offending, lack of remorse, commission while subject to a good behaviour bond, and substantial involvement with prohibited drugs. For the drug supply offence, the plea of guilty and objective seriousness below mid-range were considered. The sentencing principles as to proof of aggravated facts and the treatment of self-induced intoxication (as not mitigating) were applied. A combined sentence...

Jurisdiction
Australia
Judgment Date
31 October 2014
Procedural Posture
Criminal / Sentencing After Trial (murder) and Guilty Plea (drug Supply)
Outcome
Convicted and sentenced
Legal Topics
['murder' 'supplying Prohibited Drug' 'sentencing' 'aggravating Factors' 'drug Related Violence']
['criminal Law'] ['murder' 'supplying Prohibited Drug' 'sentencing' 'aggravating Factors' 'drug Related Violence']

Case Brief

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Procedural Posture

Criminal / Sentencing After Trial (murder) and Guilty Plea (drug Supply)

Legal Issues

  1. 1 ['Appropriate sentence for murder where death caused by ligature strangulation with intent to kill' 'Sentencing for supplying prohibited drug (methylamphetamine)' 'Consideration of aggravating and mitigating factors in sentencing, including criminal history, drug dependence, lack of remorse, and circumstances of offences']

Ratio Decidendi

The offender was convicted of murder, having intentionally killed the deceased by ligature strangulation after inflicting blunt force injury and applying a corrosive chemical. The murder was spontaneous but of utmost seriousness, with significant aggravating factors including previous violent offending, lack of remorse, commission while subject to a good behaviour bond, and substantial involvement with prohibited drugs. For the drug supply offence, the plea of guilty and objective seriousness below mid-range were considered. The sentencing principles as to proof of aggravated facts and the treatment of self-induced intoxication (as not mitigating) were applied. A combined sentence...

Court Disposition

Convicted and sentenced

Orders

  • ["For supplying a prohibited drug: fixed term of 18 months' imprisonment from 15 December 2012 to expire on 14 June 2014, no non-parole period." 'For murder: non-parole period of 20 years from 15 September 2013 to expire on 14 September 2033, parole period of 7 years to expire on 14 September 2040, earliest release...