R v Jacobs (No 9) [2013] NSWSC 1470

R v Jacobs (No 9) [2013] NSWSC 1470

Section 19B of the Crimes Act 1900 required a mandatory sentence of imprisonment for life. The deceased was a police officer executing his duty, the offender knew he was a police officer, the offence was committed after commencement of the section, the offender was not under 18 and no significant cognitive impairment was established. The Court was satisfied beyond reasonable doubt that the offender intended to kill the deceased when he fired the loaded revolver at close range, and, to the extent necessary, that he was engaged in criminal activity that risked serious harm to police officers.

Jurisdiction
Australia
Judgment Date
04 October 2013
Procedural Posture
Criminal Sentencing for Murder / Sentence After Jury Verdict of Guilty of Murder
Outcome
Sentenced to imprisonment for life
Legal Topics
['murder of Police Officer' 'mandatory Life Sentence' 'section 19 B of the Crimes Act 1900' 'intention to Kill' 'criminal Activity Risking Serious Harm to Police Officers' 'standard of Proof for Sentencing Facts' 'cognitive Impairment' 'remorse']
['criminal Law' 'sentencing'] ['murder of Police Officer' 'mandatory Life Sentence' 'section 19 B of the Crimes Act 1900' 'intention to Kill' 'criminal Activity Risking Serious Harm to Police Officers' 'standard of Proof for Sentencing Facts' 'cognitive Impairment' 'remorse']

Case Brief

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Procedural Posture

Criminal Sentencing for Murder / Sentence After Jury Verdict of Guilty of Murder

Legal Issues

  1. 1 ['Whether s 19B of the Crimes Act 1900 applied to require a mandatory sentence of imprisonment for life for the murder of a police officer.' 'Whether the offender intended to kill Senior Constable David James Rixon.' 'Whether the offender was engaged in criminal activity that risked serious harm to police officers.' 'Whether any circumstance disengaged s 19B, including age under 18 years or significant cognitive impairment.' 'What standard and onus of proof applied to facts engaging or disengaging s 19B.']

Ratio Decidendi

Section 19B of the Crimes Act 1900 required a mandatory sentence of imprisonment for life. The deceased was a police officer executing his duty, the offender knew he was a police officer, the offence was committed after commencement of the section, the offender was not under 18 and no significant cognitive impairment was established. The Court was satisfied beyond reasonable doubt that the offender intended to kill the deceased when he fired the loaded revolver at close range, and, to the extent necessary, that he was engaged in criminal activity that risked serious harm to police officers.

Court Disposition

Sentenced to imprisonment for life

Orders

  • ['Michael Allan Jacobs was convicted of the offence of murder.' 'Michael Allan Jacobs was sentenced to imprisonment for life.']