R v Donald Paul YUKE [2010] NSWSC 754

Given the offender's severe intellectual deficit and intoxication, and finding he intended grievous bodily harm but not to kill, a non-parole period of 14 years (shorter than the standard) was appropriate, with special circumstances reducing the non-parole period to less than three-quarters of the total sentence.

Jurisdiction: Australia
Judgment Date: 08 July 2010
Procedural Posture: Criminal / Sentencing
Outcome: Offender sentenced to imprisonment for murder with a non-parole period of 14 years and a total term of 24 years.
Legal Topics: ['murder' 'sentencing' 'intellectual Disability' 'alcohol Abuse' 'non Parole Period' 'standard Non Parole Period']

['criminal Law'] ['murder' 'sentencing' 'intellectual Disability' 'alcohol Abuse' 'non Parole Period' 'standard Non Parole Period']

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Procedural Posture

Criminal / Sentencing

Legal Issues

1 ["Appropriate sentence for murder given offender's intellectual disability and intoxication at the time of the offence" 'Whether special circumstances justify a non-parole period shorter than the standard 20 years']

Ratio Decidendi

Court Disposition

Offender sentenced to imprisonment for murder with a non-parole period of 14 years and a total term of 24 years.

Orders

['Imprisonment with non-parole period of 14 years commencing on 29 March 2008 and expiring 28 March 2022, balance of term 10 years expiring 28 March 2032.']