PLEVAC v REGINA [2005] NSWCCA 454

PLEVAC v REGINA [2005] NSWCCA 454

The sentence was not manifestly excessive. It was open to the sentencing judge to find that the applicant intended to kill his wife, planned the murder, chose a method intended to inflict maximum pain, committed the offence in the presence of their five year old daughter, and that the offence was objectively worse than the analogous cases relied upon. The applicant's prison behaviour and prospects of rehabilitation were considered, but his continued failure to acknowledge guilt was relevant to the uncertainty of complete rehabilitation. No less severe sentence was warranted in law.

Jurisdiction
Australia
Judgment Date
27 October 2005
Procedural Posture
Criminal Application for Leave to Appeal Against Sentence / Application in the New South Wales Court of Criminal Appeal Against a Sentence Redetermined Under Schedule 1 of the Crimes (sentencing Procedure) Act 1999
Outcome
Application dismissed
Legal Topics
['murder' 'manifestly Excessive Sentence' 'life Sentence Redetermination' 'non Parole Period' 'maintenance of Innocence' 'rehabilitation' 'domestic Violence']
['criminal Law' 'sentencing'] ['murder' 'manifestly Excessive Sentence' 'life Sentence Redetermination' 'non Parole Period' 'maintenance of Innocence' 'rehabilitation' 'domestic Violence']

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Procedural Posture

Criminal Application for Leave to Appeal Against Sentence / Application in the New South Wales Court of Criminal Appeal Against a Sentence Redetermined Under Schedule 1 of the Crimes (sentencing Procedure) Act 1999

Legal Issues

  1. 1 ['Whether the redetermined sentence of twenty-five years with a non-parole period of nineteen years for murder was manifestly excessive.' 'Whether the sentencing judge erred in assessing the objective criminality of the offence by reference to analogous cases.' "Whether the sentencing judge placed significance, or too great a significance, on the applicant's maintenance of innocence." 'Whether fresh medical evidence concerning severe vision impairment warranted intervention by the Court.']

Ratio Decidendi

The sentence was not manifestly excessive. It was open to the sentencing judge to find that the applicant intended to kill his wife, planned the murder, chose a method intended to inflict maximum pain, committed the offence in the presence of their five year old daughter, and that the offence was objectively worse than the analogous cases relied upon. The applicant's prison behaviour and prospects of rehabilitation were considered, but his continued failure to acknowledge guilt was relevant to the uncertainty of complete rehabilitation. No less severe sentence was warranted in law.

Court Disposition

Application dismissed

Orders

  • ['Application dismissed']