R v May (No 2) [2016] NSWSC 1070

R v May (No 2) [2016] NSWSC 1070

The offender committed a grave and violent murder of his aunt while affected by self-induced intoxication, shortly after release from custody, breaching a conditional liberty bond. His background of deprivation and entrenched drug addiction, while relevant to moral culpability, cannot mitigate sentence due to legislative restrictions. The sentencing objectives require a penalty proportionate to the gravity of the crime, with a 10% discount for the utilitarian manner of the trial. A total sentence of 19 years and 10 months' imprisonment is appropriate, with a non-parole period of 14 years and 10 months, and parole eligibility as prescribed.

Parties
Prosecution: Crown; Accused: Jamie Edward May
Jurisdiction
Australia
Judgment Date
03 August 2016
Procedural Posture
Criminal / Sentencing
Outcome
The offender is sentenced to a total term of 19 years and 10 months' imprisonment, with a non-parole period of 14 years and 10 months. The sentence is backdated to commence on 11 April 2014. The offender will be eligible for parole on 10 February 2029 and the sentence will expire on 10 February 2034.
Legal Topics
Murder, Sentencing, Self Induced Intoxication, Intention to Kill, Utilitarian Discount, Moral Culpability, Mental Health Considerations
Criminal Law Murder Sentencing Self Induced Intoxication Intention to Kill Utilitarian Discount Moral Culpability Mental Health Considerations

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Parties

Crown

Prosecution

Jamie Edward May

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for the offence of murder committed by Jamie Edward May?
  2. 2 What effect, if any, does the offender's self-induced intoxication, mental health and background have on sentence?
  3. 3 Should a utilitarian discount be allowed for the manner in which the trial was conducted?

Ratio Decidendi

The offender committed a grave and violent murder of his aunt while affected by self-induced intoxication, shortly after release from custody, breaching a conditional liberty bond. His background of deprivation and entrenched drug addiction, while relevant to moral culpability, cannot mitigate sentence due to legislative restrictions. The sentencing objectives require a penalty proportionate to the gravity of the crime, with a 10% discount for the utilitarian manner of the trial. A total sentence of 19 years and 10 months' imprisonment is appropriate, with a non-parole period of 14 years and 10 months, and parole eligibility as prescribed.

Court Disposition

The offender is sentenced to a total term of 19 years and 10 months' imprisonment, with a non-parole period of 14 years and 10 months. The sentence is backdated to commence on 11 April 2014. The offender will be eligible for parole on 10 February 2029 and the sentence will expire on 10 February 2034.

Orders

  • Jamie May is sentenced to imprisonment for 19 years and 10 months beginning 11 April 2014; non-parole period of 14 years and 10 months expiring 10 February 2029; balance of term of 5 years expiring on 10 February 2034.
  • Eligible for release to parole on 10 February 2029.