First Nations readers are advised this article contains the name of a person who has died.
Kenan Dowden-Carlisle will remain in prison until at least 2032 for stabbing a man in the heart during a fight over a mistakenly stolen bag.
The now-20-year-old man was silent as Acting Justice Stephen Norrish handed down a prison term of 14 years and six months for killing 29-year-old Indigenous man Jordan Powell in Garema Place on the morning of 4 December 2021.
Dowden-Carlisle, who had been living in the Queanbeyan suburb of Greenleigh, previously pleaded guilty to the murder charge.
He had been “heavily intoxicated” when he accused Mr Powell of stealing his satchel, which he had actually left in a hotel room in Queanbeyan after an evening of drinking and taking Xanax.
In his sentencing remarks on Friday (7 July), Acting Justice Norrish noted in the lead-up to the fatal altercation, Dowden-Carlisle had been accusing multiple strangers of taking his bag, and he had a history of violence when intoxicated.
“He had a mindset everyone wanted to fight him,” he said.
“The offender had a willingness to fight in public places when intoxicated.”
Dowden-Carlisle’s criminal history showed he had been convicted of threatening to stab multiple people during a break-and-enter at a Queanbeyan establishment in the months before the December stabbing and had been incarcerated for three months.
Acting Justice Norrish noted while some had the belief a “short sharp shock” of prison time could deter further offending, “this did not happen here”.
However, given Dowden-Carlisle was off his medication for ADHD and had been heavily drinking and taking Xanax the night before, Acting Justice Norrish noted his “history of violent behaviour” showed he was “seemingly reckless and impulsive” when intoxicated.
“[He was still] too intoxicated to be interviewed or processed [when arrested],” he said.
“The combination of alcohol and Xanax is likely the proximal cause of his aggressive behaviour [in the lead-up to the murder].”
Acting Justice Norrish didn’t accept the Crown’s argument Dowden-Carlisle had been motivated by revenge, nor were his actions the result of vigilante justice.
Instead, his Honour found the offending had occurred in the context of a fight where Dowden-Carlisle had been struck in the head first and didn’t have any “pre-meditated motive”.
“The offender was extremely intoxicated, and the infliction of violence was not pre-planned in any way,” Acting Justice Norrish said.
“The stabbing was the immediate reaction to being struck in the head.”
Acting Justice Norrish took into account Dowden-Carlisle’s drug and alcohol abuse, medical conditions and young age when considering his sentence.
He noted Dowden-Carlisle was not a “sophisticated criminal” with an “ingrained” criminal attitude but had prospects for rehabilitation once released due to his age.
“It is the real likelihood the offender will develop maturity and reflection while in custody,” Acting Justice Norrish said.
Due to his guilty plea, Dowden-Carlisle’s sentence was reduced from 18 years to 14 years and six months, to be backdated to 4 January 2022.
His non-parole period of 10 years was backdated to the same time, making him eligible for release at the start of 2032.