Regina v McIntyre [2001] NSWSC 500

Regina v McIntyre [2001] NSWSC 500

The prisoner's objectively very serious murder of a slightly built fourteen year old in his care, committed with intent to kill and followed by desecration of the body, required a sentence emphasising retribution and deterrence. The absence of premeditation meant the maximum sentence was not appropriate; his otherwise good character and likely harsher custody were considered, but remorse was absent and there was no basis for special circumstances reducing the statutory non-parole proportion.

Jurisdiction
Australia
Judgment Date
19 June 2001
Procedural Posture
Criminal Sentencing for Murder / Sentence After Jury Verdict of Guilty
Outcome
The accused was sentenced to twenty-two years imprisonment with a non-parole period of seventeen years.
Legal Topics
['murder' 'intent to Kill' 'non Parole Period' 'special Circumstances' 'objective Seriousness' 'good Character' 'custodial Hardship']
['criminal Law' 'sentencing'] ['murder' 'intent to Kill' 'non Parole Period' 'special Circumstances' 'objective Seriousness' 'good Character' 'custodial Hardship']

Case Brief

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Procedural Posture

Criminal Sentencing for Murder / Sentence After Jury Verdict of Guilty

Legal Issues

  1. 1 ["What sentence should be imposed for murder committed with an intention to kill a fourteen year old who was in the prisoner's care." 'Whether the offence warranted the maximum sentence or a sentence at the top of the range of determinate sentences for murder.' "What weight should be given to the prisoner's subjective circumstances, good character, lack of remorse, and likely custodial hardship arising from rumours that he was a paedophile." 'Whether special circumstances justified a non-parole period of less than three quarters of the sentence under s 44(2) of the Crimes (Sentencing Procedure) Act 1999.']

Ratio Decidendi

The prisoner's objectively very serious murder of a slightly built fourteen year old in his care, committed with intent to kill and followed by desecration of the body, required a sentence emphasising retribution and deterrence. The absence of premeditation meant the maximum sentence was not appropriate; his otherwise good character and likely harsher custody were considered, but remorse was absent and there was no basis for special circumstances reducing the statutory non-parole proportion.

Court Disposition

The accused was sentenced to twenty-two years imprisonment with a non-parole period of seventeen years.

Orders

  • ['David John McIntyre is sentenced to a term of twenty-two years imprisonment to date from 14 August 1999.' 'A non parole period of seventeen years is specified.' 'The first date upon which he will be eligible for release on parole is 13 August 2016.']