R v CLARK [2001] NSWSC 488

R v CLARK [2001] NSWSC 488

The offender intentionally killed the deceased in a premeditated and planned way. His low average intellectual functioning and residual brain damage did not amount to mental illness, disability, or severe intellectual handicap making a salutary sentence inappropriate, and did not impair his planning skills or ability to choose between courses of action. His physical disability was taken into account because it would make imprisonment more difficult, but the circumstances did not warrant an extended parole period beyond a non-parole period of twelve years within a sixteen-year sentence.

Jurisdiction
Australia
Judgment Date
14 June 2001
Procedural Posture
Criminal Law Sentencing Murder / Sentence After Jury Found the Offender Guilty of Murder
Outcome
The offender was sentenced to imprisonment for sixteen years with a non-parole period of twelve years.
Legal Topics
['murder' 'premeditation' 'deterrence' 'intellectual Functioning' 'physical Disability in Custody' 'non Parole Period']
['criminal Law' 'sentencing'] ['murder' 'premeditation' 'deterrence' 'intellectual Functioning' 'physical Disability in Custody' 'non Parole Period']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Law Sentencing Murder / Sentence After Jury Found the Offender Guilty of Murder

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's murder of Lynette Kay Lock." "Whether the offender's intellectual functioning and residual brain damage warranted giving general and personal deterrence much less weight." "Whether the offender's physical disability should be taken into account in fixing the custodial sentence and non-parole period."]

Ratio Decidendi

The offender intentionally killed the deceased in a premeditated and planned way. His low average intellectual functioning and residual brain damage did not amount to mental illness, disability, or severe intellectual handicap making a salutary sentence inappropriate, and did not impair his planning skills or ability to choose between courses of action. His physical disability was taken into account because it would make imprisonment more difficult, but the circumstances did not warrant an extended parole period beyond a non-parole period of twelve years within a sixteen-year sentence.

Court Disposition

The offender was sentenced to imprisonment for sixteen years with a non-parole period of twelve years.

Orders

  • ['Steven John Clark is sentenced to imprisonment for a period of sixteen years commencing on 17 March 2000 and expiring on 16 March 2016.' 'A non-parole period of twelve years is fixed, expiring on 16 March 2012.' 'The offender will become eligible for release on parole on 16 March 2012.']