R v RJB [2019] NSWSC 719

R v RJB [2019] NSWSC 719

The offender was found by the jury to have intended to inflict really serious bodily harm and did not act in necessary self-defence. The stabbing was spontaneous and occurred during a brief pursuit, below mid-range of objective gravity but not markedly so. The offender's sentence must reflect the seriousness of the crime, with due regard to his background and prospects of rehabilitation, and the statutory portion of non-parole period is applied.

Jurisdiction
Australia
Judgment Date
14 June 2019
Procedural Posture
Criminal / Sentencing
Outcome
offender sentenced to imprisonment for 22 years for murder
Legal Topics
['murder' 'sentencing' 'intent to Inflict Grievous Bodily Harm' 'manslaughter' 'excessive Self Defence']
['criminal Law'] ['murder' 'sentencing' 'intent to Inflict Grievous Bodily Harm' 'manslaughter' 'excessive Self Defence']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for murder following jury conviction' 'Intention to inflict grievous bodily harm' 'Excessive self-defence' "Assessment of offender's moral culpability and prospects of rehabilitation"]

Ratio Decidendi

The offender was found by the jury to have intended to inflict really serious bodily harm and did not act in necessary self-defence. The stabbing was spontaneous and occurred during a brief pursuit, below mid-range of objective gravity but not markedly so. The offender's sentence must reflect the seriousness of the crime, with due regard to his background and prospects of rehabilitation, and the statutory portion of non-parole period is applied.

Court Disposition

offender sentenced to imprisonment for 22 years for murder

Orders

  • ['RJB sentenced to imprisonment for 22 years comprising a non-parole period of 16 years and 6 months, commencing 15 April 2015 and expiring 14 October 2031, balance of term 5 years and 6 months, expiring 14 April 2037' 'Eligible for parole release on 15 October 2031']