R v Jenbare [2016] NSWSC 1317

R v Jenbare [2016] NSWSC 1317

The offender was sentenced for manslaughter rather than murder because his actions were found to be substantially impaired by psychiatric disorders arising from his history of torture and trauma; these disorders significantly reduced his moral culpability, justified acceptance of the partial defence pursuant to s 23A of Crimes Act 1900 (NSW), and warranted a reduced sentence with a non-parole period.

Parties
Offender: Solomon Jenbare; Crown: Regina
Jurisdiction
Australia
Judgment Date
16 September 2016
Procedural Posture
Criminal / Sentencing
Outcome
Offender sentenced to a term of imprisonment for 9 years with a non-parole period of 5 years commencing 9 April 2014 and concluding 8 April 2019, and a balance of term of 4 years concluding 8 April 2023.
Legal Topics
Manslaughter, Substantial Impairment, Sentencing
Criminal Law Manslaughter Substantial Impairment Sentencing

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Parties

Solomon Jenbare

Offender

Regina

Crown

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the offender's capacity to control himself was substantially impaired by an abnormality of mind arising from underlying medical conditions
  2. 2 Assessment of the offender's moral culpability and seriousness of the offence
  3. 3 Appropriateness of non-parole and balance of term periods in sentencing

Ratio Decidendi

The offender was sentenced for manslaughter rather than murder because his actions were found to be substantially impaired by psychiatric disorders arising from his history of torture and trauma; these disorders significantly reduced his moral culpability, justified acceptance of the partial defence pursuant to s 23A of Crimes Act 1900 (NSW), and warranted a reduced sentence with a non-parole period.

Court Disposition

Offender sentenced to a term of imprisonment for 9 years with a non-parole period of 5 years commencing 9 April 2014 and concluding 8 April 2019, and a balance of term of 4 years concluding 8 April 2023.

Orders

  • Offender sentenced to a term of imprisonment with a non-parole period of 5 years commencing on 9 April 2014 and concluding on 8 April 2019 and a balance of term of 4 years concluding on 8 April 2023.