| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
S ECR 2023 0315
| THE KING | Crown |
| v | |
| JL | Accused |
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JUDGE: | Champion J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 18 October 2024 |
DATE OF SENTENCE: | 19 December 2024 |
CASE MAY BE CITED AS: | R v JL |
MEDIUM NEUTRAL CITATION: | [2024] VSC 803 |
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CRIMINAL LAW — Sentence — Manslaughter — Category A serious youth offence — Plea of guilty — Youth offender — Single stab wound — No premeditation — Limited criminal history — Difficult childhood — Bugmy considerations — Verdins enlivened — Positive prospects of rehabilitation.
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | K Churchill B Goding | Office of Public Prosecutions |
| For the Accused | J Gullaci SC D Dempsey | Victoria Legal Aid |
HIS HONOUR:
Introduction
JL, on 11 September 2024, you pleaded guilty to killing Adam Bockhodt on 3 June 2023 by way of manslaughter.
The maximum penalty for the offence of manslaughter is 25 years’ imprisonment.[1]
[1]Crimes Act 1958 (Vic) s 5.
Background
Mr Bockhodt was born in Melbourne on 17 August 1988 and was 34 years of age at the time of his death. He is survived by his mother, Bridget Drowley, stepfather, James Drowley, and half‑sister, Jennifer Gray.
Mr Bockhodt completed his schooling at Caulfield Primary School and Glen Eira College. He enjoyed playing baseball from an early age, and was known by his family and friends as an animal‑lover, who had a good sense of humour, and who was extremely loyal to those close to him.
Despite the significant support of his mother, Mr Bockhodt commenced exhibiting some antisocial behaviours during his youth, which resulted in several periods of juvenile detention. Tragically, Mr Bockhodt struggled with drug addiction for most of his life. I do not propose to discuss his background in any detail out of respect for his memory and his grieving family. I have only mentioned these matters in order to provide some understanding as to how his world came into collision with yours.
Mr Bockhodt had been friends with a woman, LC, for about 15 years. The pair had been in a romantic relationship for some time, however, once that ceased, they remained friends.
Events leading up to the offending
You began chatting with LC through social media, and met her for the first time on 31 May 2023 when she invited you to her apartment in South Yarra. You stayed at her apartment for the next two days, during which time you both consumed alcohol together. On various occasions across the 48‑hour period, you told LC that you were in love with her, to which she did not respond other than to thank you.
Between 5:00pm and 5:30pm on 2 June 2023, LC left her apartment to go to the cinema. Shortly after 5:30pm, you left the apartment, taking with you several of her possessions, including her house keys, a Louis Vuitton bag, a North Face puffer jacket, Prada sunglasses, a lanyard, and prescription medication.
You then…
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- AGLC
- R v JL [2024] VSC 803
- Case
- [2024] VSC 803
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was to determine the appropriate sentence for the respondent, taking into account the relevant factors under the criminal law. Specifically, the court was required to consider the nature and circumstances of the offence, the principles of sentencing for serious youth offences, and the principles outlined in Bugmy v R and Verdins. The court also needed to weigh the respondent's personal circumstances, including his difficult childhood and prospects for rehabilitation.
In delivering the judgment, the court first acknowledged the seriousness of the offence, recognising that a single stab wound had resulted in the death of the deceased. However, the court noted that there was no evidence of premeditation on the part of the respondent. The court further considered the Bugmy and Verdins principles, which emphasised the importance of proportionality in sentencing and the need to have regard to the personal circumstances of the offender. The court found that the respondent's difficult childhood and positive prospects for rehabilitation were significant mitigating factors. After weighing all the relevant considerations, the court determined that the appropriate sentence should reflect the principles of proportionality and rehabilitation.
The court imposed a sentence that recognised the gravity of the offence while also taking into account the mitigating factors. The final orders of the court were that the respondent be sentenced to a term of imprisonment with a non-parole period, recognising the need for both punishment and rehabilitation.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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