R v Jenkin (No 18) (Verdict) [2018] NSWSC 978

R v Jenkin (No 18) (Verdict) [2018] NSWSC 978

Mr Jenkin unlawfully assaulted Mr Dower between 22 and 28 March 2015, causing injuries that substantially contributed to his death. The evidence did not establish beyond reasonable doubt the requisite intention for murder or that Jenkin foresaw the probability of death, thus murder was not proven. However, manslaughter by unlawful act and criminal negligence was clearly established. Additionally, the evidence of telephone conversations, purchase attempts for heroin, and attempts to locate RS established beyond reasonable doubt that Jenkin and Stuart Cowan entered an unlawful agreement to kill RS, constituting conspiracy to murder.

Parties
Prosecution: Regina; Accused: Mark Kenneth Jenkin
Jurisdiction
Australia
Judgment Date
27 June 2018
Procedural Posture
Criminal Trial / Verdict
Outcome
Convicted of manslaughter and conspiracy to murder; acquitted of murder
Legal Topics
Murder, Manslaughter, Conspiracy to Murder
Criminal Law Murder Manslaughter Conspiracy to Murder

Case Brief

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Parties

Regina

Prosecution

Mark Kenneth Jenkin

Accused

Procedural Posture

Criminal Trial / Verdict

Legal Issues

  1. 1 Whether Mark Kenneth Jenkin murdered Mark Dower
  2. 2 Whether Mark Kenneth Jenkin committed manslaughter
  3. 3 Whether Mark Kenneth Jenkin conspired to murder RS

Ratio Decidendi

Mr Jenkin unlawfully assaulted Mr Dower between 22 and 28 March 2015, causing injuries that substantially contributed to his death. The evidence did not establish beyond reasonable doubt the requisite intention for murder or that Jenkin foresaw the probability of death, thus murder was not proven. However, manslaughter by unlawful act and criminal negligence was clearly established. Additionally, the evidence of telephone conversations, purchase attempts for heroin, and attempts to locate RS established beyond reasonable doubt that Jenkin and Stuart Cowan entered an unlawful agreement to kill RS, constituting conspiracy to murder.

Court Disposition

Convicted of manslaughter and conspiracy to murder; acquitted of murder

Orders

  • Verdict of not guilty of murder
  • Verdict of guilty of manslaughter