R v Jenbare [2016] NSWSC 1317
1 judgment
R v Jenbare [2016] NSWSC 1317
ChapterManslaughter by substantial impairment – survivor of torture as political prisoner; trauma in refugee camps – incarceration will be harsher due to mental state
Coram: McCallum J
- Capacity to control substantially impaired by severe, chronic post-traumatic stress disorder, depression and cognitive impairment, as a survivor of torture as a political prisoner in Ethiopia and trauma in refugee camps in Kenya and Somalia: at [2], [26]
- Extensive physical and mental disabilities as a result of background. Incarceration will be harsher due to mental state and ongoing physical pain and disability. It was in prison in Ethiopia that primary trauma of extended torture was sustained: at [39]-[40]; [46].
Chapter: Refugee Background (opens in a new tab)Case Summaries (opens in a new tab)See full case: 2016 NSWSC 1317 (opens in a new tab)