Regina v Barry [1999] NSWSC 659

Regina v Barry [1999] NSWSC 659

The murder and wounding were objectively extremely serious and brutal, with the prisoner's prior violence and the gravity of both offences requiring condign punishment. However, the psychiatrists' unanimous view that the prisoner was suffering from an abnormality of mind at the relevant time meant the murder was not in the worst category warranting life imprisonment. No special circumstances existed, and because both offences arose from one episode the sentences were imposed concurrently while reflecting totality.

Jurisdiction
Australia
Judgment Date
18 June 1999
Procedural Posture
Criminal Sentencing for Murder and Maliciously Wound With Intent to Do Grievous Bodily Harm / Sentence After Jury Conviction
Outcome
The accused was sentenced to a minimum term of 18 years and an additional term of 6 years for murder, and a fixed term of 12 years for maliciously wound with intent to do grievous bodily harm, with the terms commencing on 9 December 1997.
Legal Topics
['murder' 'maliciously Wound With Intent to Do Grievous Bodily Harm' 'diminished Responsibility' 'provocation' 'mitigation' 'totality' 'special Circumstances']
['criminal Law' 'sentencing'] ['murder' 'maliciously Wound With Intent to Do Grievous Bodily Harm' 'diminished Responsibility' 'provocation' 'mitigation' 'totality' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Sentencing for Murder and Maliciously Wound With Intent to Do Grievous Bodily Harm / Sentence After Jury Conviction

Legal Issues

  1. 1 ['What sentence should be imposed for murder after the jury rejected diminished responsibility and provocation.' 'What sentence should be imposed for maliciously wound with intent to do grievous bodily harm committed in the same episode.' "Whether the prisoner's abnormality of mind at the time of the offences took the murder outside the category warranting a life sentence." 'Whether special circumstances existed under s 5(2) of the Sentencing Act.' 'Whether the sentences should be concurrent because both crimes were committed as part of one episode.']

Ratio Decidendi

The murder and wounding were objectively extremely serious and brutal, with the prisoner's prior violence and the gravity of both offences requiring condign punishment. However, the psychiatrists' unanimous view that the prisoner was suffering from an abnormality of mind at the relevant time meant the murder was not in the worst category warranting life imprisonment. No special circumstances existed, and because both offences arose from one episode the sentences were imposed concurrently while reflecting totality.

Court Disposition

The accused was sentenced to a minimum term of 18 years and an additional term of 6 years for murder, and a fixed term of 12 years for maliciously wound with intent to do grievous bodily harm, with the terms commencing on 9 December 1997.

Orders

  • ['For murder, a minimum term of 18 years commencing on 9 December 1997 and expiring on 8 December 2015, when the prisoner will be eligible for release on parole.' 'For murder, an additional term of 6 years commencing on 9 December 2015 and expiring on 8 December 2021.' 'For maliciously wound with intent to commit...