Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: R v Jenkin (No 19) (Sentence) [2019] NSWSC 609 Hearing dates: 6 December 2018; 20 February 2019; 12 April 2019 Decision date: 23 May 2019 Jurisdiction: Common Law Before: Hamill J Decision: Sentenced to a total effective term of imprisonment of 19 years with a total effective non-parole period of 14 years (see [46]-[47] for individual sentences).
Catchwords: CRIMINAL LAW – sentencing – manslaughter – offender found not guilty of murder – no intention to cause really serious injury – unlawful and dangerous act – detention of victim for several days – series of assaults during detention – victim homeless alcoholic – victim vulnerable – financial motivation of detention–assaults caused by frustration and temper – treatment of corpse – impact on victim’s daughter – victim gave best life advice – all life precious – all life equal
CRIMINAL LAW – sentencing – conspiracy to murder – motivation to interfere with missing person or homicide investigation – offender instructs stepbrother to murder a potential witness – plan to give witness a “hot shot” – maladroit effort to carry out plan – accumulation of sentences – totality of criminality – special circumstancesLegislation Cited: Crimes Act 1900 (NSW), ss 24 and 26
Crimes (High Risk Offenders) Act 2006 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 21A(2) and 28Cases Cited: R v Baker [2017] NSWCCA 233
R v Hines (No 3) [2014] NSWSC 1273
R v Jenkin (No 18)(Verdict) [2018] NSWSC 978
R v Lindstrom [2008] NSWSC 198
R v Paul William Turner [2018] NSWSC 1929Category: Sentence Parties: Regina
Mark Kenneth JenkinRepresentation: Counsel:
Solicitors:
M Fox (Regina)
G Corr (Offender)
Director of Public Prosecutions, NSW (Regina)
O’Brien Solicitors (Offender)
File Number(s): 2015/00345562 Publication restriction: Non-publication orders were made on 9 May 2018 protecting the identity of 15 witnesses. There is to be no publication of the identity of the deceased’s daughter.
Judgment
-
On 24 November 2015, while he was in custody for unrelated offences, Mark Jenkin was charged with the murder of Mark Dower and conspiracy to murder RS. On 27 June 2018, following an eight week trial by Judge alone, Mr Jenkin was found not guilty of murder but guilty of manslaughter. He was also found guilty of the conspiracy to murder RS. [1] Mr Jenkin is now to be sentenced.
1. R v Jenkin (No 18)(Verdict) [2018] NSWSC 978.
-
Mr Dower’s death was the culmination of days of intermittent violence, inflicted by the offender, after Mr Dower was taken to Mr Jenkin’s apartment on 22 or 23 March 2015. While he was in custody, the offender conspired with his stepbrother to murder RS. RS had seen Mr Dower’s body in the offender’s apartment and later became a key witness in the prosecution case. The conspiracy was calculated to ensure that the offender was not connected to Mr Dower’s death.
-
Both of the offences are extremely serious. This is reflected in the maximum penalty of 25…
Keep reading for free
Create a free CaseChat account to read R v Jenkin (No 19) (Sentence) and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2019] NSWSC 609
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were the appropriate sentencing principles to apply to the appellant's crimes and the cumulative effect of the sentences for the conspiracy to murder and the manslaughter. The court had to consider the totality of the criminality, including the special circumstances of the case such as the vulnerability of the victim, the appellant's motivation, and the disrespectful treatment of the victim’s corpse. Additionally, the court needed to balance these factors against the appellant's lack of intent to cause serious harm or death, and the maladroit nature of the conspiracy to murder.
The court held that the appellant’s crimes were of high culpability due to the prolonged detention and the series of assaults on a vulnerable victim, which ultimately led to the victim's death. Despite the appellant’s lack of intent to cause really serious harm, the cumulative effect of the conspiracy to murder and the manslaughter warranted a severe sentence. The court also took into account the special circumstances, including the appellant’s motivation, the disrespectful treatment of the victim’s corpse, and the impact on the victim’s family. In light of these factors, the court deemed it necessary to impose a sentence that reflected the seriousness of the crimes and provided adequate deterrence and denunciation.
The court ordered that the appellant be sentenced to a term of imprisonment, with specific details regarding the length and conditions of the sentence to be determined in accordance with the sentencing principles outlined in the judgment.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.