Topic 1: Cases: R v Donkers Notes

R v Donkers
Type: Sentencing Judgement
Facts:

 Previous History:
o History of domestic violence
o Donkers forced to live in her car.
o Powell had assaulted Donker night before the event
o Witnesses reported the incident
o Donkers never pressed charges nor allowed police to photograph her
 Event:
o Donkers was sleeping in her car
o Powell opened the rear passenger door, grabbed Donkers by the hair, screamed abuse
and dragged her out of the car. He punched her in the face again.
o Donkers was able to get back in her car and into the drivers seat.
o Donkers drove her car at Powell at least four times in the carpark. She did not Powell
nor did she intend to hit him with the car. Donkers was trying to taunt and frighten
him like he had her.
o On the last occasion, she did not intend to hit him. The front left corner of the car
struck the pole which bent so far at such an angle that the edge of the sign struck
Powell on the head. Cleaved his skill. Powell was killed instantly.
 Events after death:
o Donkers immediately got out of the car and called 000.
o Drove to Powells parents place, told them she killed him
o She went to her sisters’ home

Mitigating Factors:
1. Early plea of guilty
a. The plea of guilty was indicated prior to the committal hearing and therefore was
entered at the first practical opportunity.
b. The plea of guilty obviated the need for a stressful contested committal hearing and
trial- spared witnesses and family from cross-examination
c. Donkers had a sound basis for acquittal
d. The guilty plea involves acceptance by Donkers of the moral and legal responsibility
for her actions = willingness to facilitate the course of justice
2. Remorse:
a. Immediate reaction to render assistance by calling 000. Confession to members of
Powells family, members of her own family and the police
b. Immediate guilty plea
c. References by Donkers brother and his partner
d. Will always be reminded of her actions because of her kids
3. Limited prior criminal history
a. Has a modest criminal history
i. Nothing to suggest that she might be inclined to commit manslaughter
4. Hardship of imprisonment:
a. For the first 3 months of Donkers incarceration, she was not allowed to see her
kids/baby
b. Anxious about children’s wellbeing given they are without any parent
c. Emotionally and psychologically fragile. Loss of family connection is likely to
destabilize her further
d. Depressed and suffers from high blood pressure, hyperthyroidism, taking medications
Topic 1: Cases: R v Donkers Notes

5. Very good prospects of rehabilitation

a. Her admissions, early plea, remorse and limited criminal history suggests positive
prospects for rehabilitation
b. Donkers progress in the 15months Powell was imprisoned was outstanding- clear
demonstration she can remain drug free, work productively and care for her children
c. Enjoys strong family support.
Sentencing Purposes:

 Section 5(1) of the Sentencing Act 9Voc) provides that the only purposes for which sentence
may be imposed based are:
o General deterrence
o Specific deterrence
o Denunciation
o Protection of the community
o Just punishment
o Rehabilitation
 General deterrence, denunciation and just punishment
o While the reduction in Ms Donker’s moral culpability on account of the provocation
she suffered set against the background of domestic violence to which she was
subjected also leads to a reduced need for general deterrence, just punishment and
denunciation
 Specific Deterrence:
o Moderated by the same considerations as above.
o Moderated by Donkers plea of guilty, remorse, limited criminal history, strong
prospects of rehabilitation, live with knowledge she killed father of her children
 Rehabilitation and protection of the community:
o Unlikely Donkers would act this way towards another person.
o Community’s interest to rehabilitate her given she will return to society.
o Risk of reoffending low
 Parsimony:
o Section 5(3) of the Sentencing Act provides “a court must not impose a sentence that
is more severe than that which is necessary to achieve the purpose or purposes for
which the sentence is imposed”.
 This reflects the common law principle of parsimony
Current Sentencing Practises:

 Statistics
 Cases
 Older cases
Sentence:

 Jessie Donker is convicted and sentenced to five years’ imprisonment.

 A non-parole period of two years.