R v Titan Gilkes [2025] NSWSC 23

R v Titan Gilkes [2025] NSWSC 23

The appropriate sentence for constructive murder, committed in a planned armed robbery by a young offender with significant intellectual impairment and profoundly deprived background, is substantially reduced from the standard non-parole period due to mitigation and totality, but remains lengthy due to objective seriousness and aggravating circumstances; a non-parole period of 9 years and 6 months and a balance of term of 4 years and 9 months is imposed, commencing from the date the offender was entitled to release from previous sentences.

Parties
Prosecution: Rex; Defendant: Titan Gilkes
Jurisdiction
Australia
Judgment Date
07 February 2025
Procedural Posture
Criminal / Sentencing Judgment
Outcome
Convicted and sentenced
Legal Topics
Murder, Constructive Murder, Robbery in Company, Sentencing, Totality Principle, Aggravating and Mitigating Factors
Criminal Law Murder Constructive Murder Robbery in Company Sentencing Totality Principle Aggravating and Mitigating Factors

Case Brief

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Parties

Rex

Prosecution

Titan Gilkes

Defendant

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 Appropriate sentence for constructive murder
  2. 2 Effect of offender's youth, intellectual disability, and deprived background on sentence
  3. 3 Application of totality principle given delay in charging and temporal proximity of offences

Ratio Decidendi

The appropriate sentence for constructive murder, committed in a planned armed robbery by a young offender with significant intellectual impairment and profoundly deprived background, is substantially reduced from the standard non-parole period due to mitigation and totality, but remains lengthy due to objective seriousness and aggravating circumstances; a non-parole period of 9 years and 6 months and a balance of term of 4 years and 9 months is imposed, commencing from the date the offender was entitled to release from previous sentences.

Court Disposition

Convicted and sentenced

Orders

  • Titan Gilkes is convicted for the murder of Paul Jacques.
  • Sentenced to a non-parole period of 9 years and 6 months commencing on 25 February 2024 and expiring on 24 August 2033.