Regina v Short [1999] NSWSC 430

Regina v Short [1999] NSWSC 430

Although the murder of Alison Marie Lewis was an appalling crime requiring severe punishment, the evidence, particularly Dr Westmore's oral evidence, did not support a finding that the prisoner was so psychopathic or dangerous that only an indeterminate life sentence would satisfy the community interests identified in section 431B. A determinate aggregate sentence of 20 years for murder, with a 16-year minimum term and a 4-year additional term, together with fixed concurrent terms for the other offences, properly reflected the objective gravity, subjective circumstances, totality and sentencing principles.

Jurisdiction
Australia
Judgment Date
07 May 1999
Procedural Posture
Criminal Sentencing / Judgment on Sentence After Jury Verdicts of Guilty
Outcome
Indeterminate life sentence refused; prisoner sentenced to penal servitude for murder, robbery with corporal violence, and assault occasioning actual bodily harm.
Legal Topics
['murder' 'indeterminate Life Sentence' 'robbery With Corporal Violence' 'assault Occasioning Actual Bodily Harm' 'penal Servitude' 'totality' 'special Circumstances']
['criminal Law' 'sentencing'] ['murder' 'indeterminate Life Sentence' 'robbery With Corporal Violence' 'assault Occasioning Actual Bodily Harm' 'penal Servitude' 'totality' 'special Circumstances']

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Procedural Posture

Criminal Sentencing / Judgment on Sentence After Jury Verdicts of Guilty

Legal Issues

  1. 1 ['Whether a sentence of penal servitude for life should be imposed for murder under section 431B of the Crimes Act 1900 (NSW).' 'Whether the evidence supported a finding that the prisoner was psychopathic or likely to repeat extreme violence.' 'What sentences should be imposed for murder, robbery with corporal violence, and assault occasioning actual bodily harm.']

Ratio Decidendi

Although the murder of Alison Marie Lewis was an appalling crime requiring severe punishment, the evidence, particularly Dr Westmore's oral evidence, did not support a finding that the prisoner was so psychopathic or dangerous that only an indeterminate life sentence would satisfy the community interests identified in section 431B. A determinate aggregate sentence of 20 years for murder, with a 16-year minimum term and a 4-year additional term, together with fixed concurrent terms for the other offences, properly reflected the objective gravity, subjective circumstances, totality and sentencing principles.

Court Disposition

Indeterminate life sentence refused; prisoner sentenced to penal servitude for murder, robbery with corporal violence, and assault occasioning actual bodily harm.

Orders

  • ['For murder, Jay William Short is convicted and sentenced to penal servitude for 20 years, apportioned between a minimum term of 16 years and an additional term of 4 years.' 'The minimum term for murder will commence on 3 March 1997 and expire on 2 March 2013; the additional term will commence on 3 March 2013.'...