R v Jenkin (No 19) (Sentence) [2019] NSWSC 609

R v Jenkin (No 19) (Sentence) [2019] NSWSC 609

Due to the seriousness of the offences, aggravating features including breach of parole, vulnerability of the victim, series of assaults and bad criminal history, balanced against the offender's institutionalisation and subjective circumstances, the only appropriate sentencing option is significant custodial sentences with accumulation between manslaughter and conspiracy to murder; special circumstances found for parole period adjustment.

Parties
Prosecutor: Regina; Offender: Mark Kenneth Jenkin
Jurisdiction
Australia
Judgment Date
23 May 2019
Procedural Posture
Criminal / Sentencing
Outcome
Sentenced to a total term of imprisonment of 19 years with a total non-parole period of 14 years.
Legal Topics
Manslaughter, Conspiracy to Murder, Sentencing, Detention, Assault, Vulnerable Victim, Financial Motivation, Treatment of Corpse, Impact on Victims, Totality, Special Circumstances
Criminal Law Manslaughter Conspiracy to Murder Sentencing Detention Assault Vulnerable Victim Financial Motivation +4 more

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Parties

Regina

Prosecutor

Mark Kenneth Jenkin

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for manslaughter after offender found not guilty of murder
  2. 2 Appropriate sentence for conspiracy to murder a potential witness
  3. 3 Assessment of aggravating features

Ratio Decidendi

Due to the seriousness of the offences, aggravating features including breach of parole, vulnerability of the victim, series of assaults and bad criminal history, balanced against the offender's institutionalisation and subjective circumstances, the only appropriate sentencing option is significant custodial sentences with accumulation between manslaughter and conspiracy to murder; special circumstances found for parole period adjustment.

Court Disposition

Sentenced to a total term of imprisonment of 19 years with a total non-parole period of 14 years.

Orders

  • Mark Jenkin sentenced to 12 years imprisonment for manslaughter with a non-parole period of 9 years (commencing 1 February 2016, parole eligible 31 January 2025, sentence expires 31 January 2028).
  • Mark Jenkin sentenced to 13 years imprisonment for conspiracy to murder with a non-parole period of 8 years (commencing 1 February 2022, parole eligible 31 January 2030, sentence expires 31 January 2035).