REGINA v THOMAS ANDREW KEIR [2000] NSWSC 111

REGINA v THOMAS ANDREW KEIR [2000] NSWSC 111

The objective gravity of the murder was very high because the prisoner violently punished his wife in the context of possessive and controlling conduct, prior threats to kill her, concealment of her body, and remorseless lies, but the case was not in the worst class because the court was not satisfied beyond reasonable doubt that he intended to kill rather than to cause very serious injury. His lack of remorse deprived him of any sentencing benefit, his prior good character had little weight given the seriousness of the offence and present risk, and the victim impact statement could not increase the sentence. A sentence of twenty-four years with an eighteen-year minimum term and six-year...

Jurisdiction
Australia
Judgment Date
29 February 2000
Procedural Posture
Criminal Sentence for Murder / Judgment on Sentence After Jury Conviction
Outcome
The prisoner was sentenced to imprisonment for twenty-four years, comprising a minimum term of eighteen years and an additional term of six years.
Legal Topics
['murder' 'intent to Cause Grievous Bodily Harm' 'domestic Murder' 'victim Impact Statement' 'future Dangerousness' 'preventive Detention' 'minimum Term and Additional Term']
['criminal Law' 'sentencing'] ['murder' 'intent to Cause Grievous Bodily Harm' 'domestic Murder' 'victim Impact Statement' 'future Dangerousness' 'preventive Detention' 'minimum Term and Additional Term']

Case Brief

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Procedural Posture

Criminal Sentence for Murder / Judgment on Sentence After Jury Conviction

Legal Issues

  1. 1 ["What sentence should be imposed for the prisoner's murder of his wife where the court sentenced on the basis of intent to cause grievous bodily harm rather than intent to kill." 'Whether and how the victim impact statement could affect the sentence for murder.' "Whether the prisoner's prior good character, denial of guilt, lack of remorse, jealousy, and future dangerousness affected the sentence." 'Whether a domestic murder should be treated as a less heinous class of murder.']

Ratio Decidendi

The objective gravity of the murder was very high because the prisoner violently punished his wife in the context of possessive and controlling conduct, prior threats to kill her, concealment of her body, and remorseless lies, but the case was not in the worst class because the court was not satisfied beyond reasonable doubt that he intended to kill rather than to cause very serious injury. His lack of remorse deprived him of any sentencing benefit, his prior good character had little weight given the seriousness of the offence and present risk, and the victim impact statement could not increase the sentence. A sentence of twenty-four years with an eighteen-year minimum term and six-year...

Court Disposition

The prisoner was sentenced to imprisonment for twenty-four years, comprising a minimum term of eighteen years and an additional term of six years.

Orders

  • ['Thomas Andrew Keir is sentenced to a term of imprisonment for twenty-four years.' 'The minimum term is eighteen years commencing 20 February 1998 and ending on 19 February 2016.' 'The additional term is six years commencing 20 February 2016 and ending on 19 February 2022.']