Gilkes [2025] NSWSC 23

Gilkes [2025] NSWSC 23

1 judgment

Gilkes [2025] NSWSC 23

ChapterMurder – relevance of offender’s institutionalisation – special circumstances justifying reduction in non-parole period

Coram: Hamill J

[47] I am also satisfied that the sentence must be structured to allow him as long as possible on parole to assist the offender to re-integrate into the community. As Dr Hughes said, Mr Gilkes is “already quite institutionalised” and “prolonged detention will reduce the opportunity to develop general life skills, which would likely already be slower for Mr Gilkes given his cognitive difficulties.” She also believed, and I accept, that the offender “will need considerable wrap-around support on his release to assist him to integrate into the community and develop basic living skills.”

[48] His condition is also relevant to sentence in that, to again quote Dr Hughes, “prolonged detention would also likely result in further negative effects on his mental health, self-esteem and self-sufficiency”.

Chapter: Impacts of Imprisonment and Remand in Custody (opens in a new tab)Case Summaries (opens in a new tab)See full case: 2025 NSWSC 23 (opens in a new tab)

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