R v Adams (No 7) [2017] NSWSC 179

R v Adams (No 7) [2017] NSWSC 179

A determinate sentence of imprisonment for 20 years, with a non-parole period of 15 years, is appropriate for constructive murder committed in 1983, reflecting gravity of offence, offender's prior conviction for rape, delay since offence largely attributable to offender, and absence of mitigating subjective material other than rehabilitation through desistance from offending, but not warranting a life sentence without parole as offence lacked certain aggravating features.

Jurisdiction
Australia
Judgment Date
03 March 2017
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced
Legal Topics
['murder' 'constructive Murder' 'sentencing' 'delay in Sentencing' "role of Offender's Age"]
['criminal Law'] ['murder' 'constructive Murder' 'sentencing' 'delay in Sentencing' "role of Offender's Age"]

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for constructive murder committed in 1983' 'Effect of sentencing practices in and since 1983' 'Impact of delay in resolution on sentence' "Effect of offender's age and rehabilitation prospects"]

Ratio Decidendi

A determinate sentence of imprisonment for 20 years, with a non-parole period of 15 years, is appropriate for constructive murder committed in 1983, reflecting gravity of offence, offender's prior conviction for rape, delay since offence largely attributable to offender, and absence of mitigating subjective material other than rehabilitation through desistance from offending, but not warranting a life sentence without parole as offence lacked certain aggravating features.

Court Disposition

Convicted and sentenced

Orders

  • ['Imprisonment for 20 years, commencing 11 June 2016 and expiring 10 June 2036' 'Non-parole period of 15 years, eligibility for parole on 10 June 2031' 'Parole period of 5 years following expiration of non-parole period']