REGINA v SAARI [2001] NSWSC 892

REGINA v SAARI [2001] NSWSC 892

The offender's unprovoked shooting of Daniel Ryan was a very grave murder committed with intent to inflict very serious physical injury, but the absence of an intention to kill, the guilty plea, remorse, and a 25% allowance for the plea warranted a finite sentence of sixteen years imprisonment with parole eligibility after twelve years, with no special circumstances justifying departure from the statutory relationship between sentence and non-parole period.

Jurisdiction
Australia
Judgment Date
12 October 2001
Procedural Posture
Criminal Law Murder / Sentencing After Guilty Plea
Outcome
Sentenced to a term of sixteen years imprisonment commencing 6 April 2000; eligible for parole on 5 April 2012.
Legal Topics
['murder' 'guilty Plea' 'intention to Cause Grievous Bodily Harm' 'victim Impact Statements' 'parole' 'alcohol and Drug Abuse']
['criminal Law' 'sentencing'] ['murder' 'guilty Plea' 'intention to Cause Grievous Bodily Harm' 'victim Impact Statements' 'parole' 'alcohol and Drug Abuse']

Case Brief

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Procedural Posture

Criminal Law Murder / Sentencing After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for murder where the offender pleaded guilty and admitted responsibility from the outset.' 'Whether the absence of an intention to kill, as distinct from an intention to inflict very serious physical injury, reduced the seriousness of the offence.' "How the offender's guilty plea, remorse, personal history, alcohol and drug dependence, and prospects of rehabilitation should affect sentence." 'Whether Victim Impact Statements could increase the gravity of the offence in a murder sentencing exercise.']

Ratio Decidendi

The offender's unprovoked shooting of Daniel Ryan was a very grave murder committed with intent to inflict very serious physical injury, but the absence of an intention to kill, the guilty plea, remorse, and a 25% allowance for the plea warranted a finite sentence of sixteen years imprisonment with parole eligibility after twelve years, with no special circumstances justifying departure from the statutory relationship between sentence and non-parole period.

Court Disposition

Sentenced to a term of sixteen years imprisonment commencing 6 April 2000; eligible for parole on 5 April 2012.

Orders

  • ['Stephen Edward Saari is sentenced to a term of sixteen years imprisonment commencing 6 April 2000.' 'The earliest date upon which Stephen Edward Saari will be eligible for parole is 5 April 2012.']