R v HENZON, Kaycee [2012] NSWSC 726

R v HENZON, Kaycee [2012] NSWSC 726

The offender will be sentenced on the basis of reckless indifference to human life, not intent to kill, due to lack of evidence to be satisfied beyond reasonable doubt she intended to kill. Objective gravity of the offence, spontaneous nature of the killing, and clear criminal record, together with special circumstances arising from her medical condition, justified departure from the standard non-parole period.

Jurisdiction
Australia
Judgment Date
29 June 2012
Procedural Posture
Criminal / Sentencing
Outcome
Sentenced
Legal Topics
['murder' 'obtaining Money by Deception' 'reckless Indifference to Human Life' 'sentencing' 'plea of Guilty']
['criminal Law'] ['murder' 'obtaining Money by Deception' 'reckless Indifference to Human Life' 'sentencing' 'plea of Guilty']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Determination of intent for murder (reckless indifference vs intent to kill)' 'Sentencing for murder and obtaining money by deception' "Consideration of offender's medical condition and prospects for rehabilitation"]

Ratio Decidendi

The offender will be sentenced on the basis of reckless indifference to human life, not intent to kill, due to lack of evidence to be satisfied beyond reasonable doubt she intended to kill. Objective gravity of the offence, spontaneous nature of the killing, and clear criminal record, together with special circumstances arising from her medical condition, justified departure from the standard non-parole period.

Court Disposition

Sentenced

Orders

  • ['For each count of obtaining money by deception, fixed term of imprisonment for 18 months from 10 December 2009.' 'For murder, imprisonment for 18 years, non-parole period of 13 years from 10 June 2011; balance of term 5 years from 10 June 2024; eligible for parole on 9 June 2024.']