In R v Fenner, the Supreme Court of the Northern Territory has sentenced Jake Joshua Fenner (32) to a term of imprisonment following the death of his father, William Fenner (71), at their Darwin residence in November 2023.
The 71-year-old man's body was discovered in the backyard of a home in Moil, north, Darwin.
The offending arose from a domestic altercation precipitated by the deceased’s refusal to transport the offender to the airport. During the confrontation, Fenner struck his father with a metal pole and subsequently pushed him into a backyard swimming pool. The deceased drowned shortly thereafter. Fenner remained in custody from the date of the incident.
A neighbour who phoned teh police could be heard telling the operator, "It sounds like they're killing each other", while continued thudding noisescould be heard from nextdoor.
Fenner was initially charged with murder; however, the charge was later reduced to committing a violent act causing death. In August 2025, a jury returned a unanimous verdict of guilty.
Forensic and Medical Evidence
In sentencing proceedings before Acting Chief Justice Stephen Southwood, the Court reviewed extensive medical and forensic evidence concerning the nature and consequences of the injuries sustained by the deceased.
Expert medical testimony established that the deceased suffered multiple significant injuries, including deep lacerations to the cheek and forehead, as well as extensive bruising and abrasions to the head and body. The expert evidence further indicated that these injuries would have substantially impaired the deceased’s physical capacity, rendering him incapable of swimming. It was also opined that the deceased was likely concussed prior to entering the pool.
Jake Fenner's lawyer Jon Tippett told the court the court self-defence was of "some significance" toward his clien'ts actions.
"This was a tragic situation between father and son when an argument arose and there was a fight," He said and also highlighted his cllient had received some serious injuries.
This expert evidence was central to the Court’s finding that the deceased’s death by drowning was causally connected to the assault, and not the result of an intervening or independent act.
The trial also included eyewitness evidence from a neighbour, who observed a metal pole being raised and forcefully swung during the altercation.
Psychiatric Evidence and Mitigating Factors
The Court received evidence from a consultant psychiatrist, who diagnosed Fenner with autism spectrum disorder. The psychiatrist assessed that Fenner’s capacity to appreciate the wrongfulness of his conduct was mildly diminished, though not to an extent negating criminal responsibility.
Justice Southwood accepted that Fenner’s neurodevelopmental condition, together with a history of familial dysfunction and exposure to violence, constituted relevant mitigating considerations. The Court noted evidence of long-standing instability within the household, including verbal abuse directed at the offender. The trial heard his father had called him an "autistic c***".
However, the Court rejected Fenner’s assertion that he acted in self-defence, finding instead that he engaged in a violent and sustained assault upon the deceased.
Sentence Imposed
Fenner was sentenced to five years’ imprisonment, with the sentence suspended after three years. Taking into account time already served, the offender is scheduled for release in November 2026.
Upon release, Fenner will be subject to a two-year suspended sentence period, during which he must comply with stringent conditions, including:
Abstention from alcohol and illicit substances
Compliance with the directions of a parole officer
Refraining from the commission of any further imprisonable offences
Commentary
The matter illustrates the critical role of expert medical evidence in establishing causation in homicide cases involving secondary mechanisms of death, as well as the careful but limited weight afforded to psychiatric evidence where cognitive or developmental conditions are raised in mitigation rather than defence.
https://en.wikipedia.org/wiki/Psychiatrist
https://witnessdirectory.com/signup.php
