R v Niguidula (Sentence) [2023] NSWSC 1283

R v Niguidula (Sentence) [2023] NSWSC 1283

Jenny Niguidula was sentenced on the basis that she deliberately stabbed Rhonie Apostol with intention to inflict grievous bodily harm, not to kill, in a context of severe borderline personality disorder which significantly impaired her ability to control herself. The disorder reduced her moral culpability and warranted mitigation of the usual role of general deterrence. The offence was at the lower end of murder’s objective gravity but aggravated by the vulnerability of the deceased and the domestic relationship.

Parties
Crown: Rex; Offender: Jenny Niguidula
Jurisdiction
Australia
Judgment Date
30 October 2023
Procedural Posture
Criminal / Sentence
Outcome
conviction and sentencing
Legal Topics
Sentencing, Murder, Assault Occasioning Actual Bodily Harm, Mental Health Impairment, Borderline Personality Disorder, Objective Gravity, Remorse, Domestic Violence
Criminal Law Sentencing Murder Assault Occasioning Actual Bodily Harm Mental Health Impairment Borderline Personality Disorder Objective Gravity Remorse +1 more

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Parties

Rex

Crown

Jenny Niguidula

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Whether intention to kill or to inflict grievous bodily harm
  2. 2 Impact of borderline personality disorder on criminal responsibility and sentence
  3. 3 Objective gravity of murder given relationship and vulnerability

Ratio Decidendi

Jenny Niguidula was sentenced on the basis that she deliberately stabbed Rhonie Apostol with intention to inflict grievous bodily harm, not to kill, in a context of severe borderline personality disorder which significantly impaired her ability to control herself. The disorder reduced her moral culpability and warranted mitigation of the usual role of general deterrence. The offence was at the lower end of murder’s objective gravity but aggravated by the vulnerability of the deceased and the domestic relationship.

Court Disposition

conviction and sentencing

Orders

  • Jenny Niguidula is convicted of the murder of Rhonie Apostol.
  • For the offence of murder, sentenced to imprisonment for 16 years commencing 12 December 2019; non-parole period of 12 years expiring 11 December 2031; balance of term 4 years expiring 11 December 2035.