R v Clark [No 3] [2008] NSWSC 795

R v Clark [No 3] [2008] NSWSC 795

The offence, while grave and involving planning and premeditation with a financial motivation, did not fall within the worst category warranting a life sentence. The sentence must reflect the objective seriousness, moral culpability, and relevant mitigating and aggravating features, including disabilities and proportionality to the co-offender's sentence. A determinate sentence with a substantial non parole period is appropriate.

Parties
Crown: Regina; Accused: Michael Rex Clark
Jurisdiction
Australia
Judgment Date
11 August 2008
Procedural Posture
Criminal / Sentencing
Outcome
Accused sentenced to imprisonment
Legal Topics
Murder, Sentencing, Joint Criminal Enterprise, Contract Killing Analogy, Parity/proportionality
Criminal Law Murder Sentencing Joint Criminal Enterprise Contract Killing Analogy Parity/proportionality

Case Brief

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Parties

Regina

Crown

Michael Rex Clark

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the offence warranted a life sentence as one of the worst category of murder
  2. 2 Consideration of motive and planning in determining sentence
  3. 3 Application of standard non parole period for murder

Ratio Decidendi

The offence, while grave and involving planning and premeditation with a financial motivation, did not fall within the worst category warranting a life sentence. The sentence must reflect the objective seriousness, moral culpability, and relevant mitigating and aggravating features, including disabilities and proportionality to the co-offender's sentence. A determinate sentence with a substantial non parole period is appropriate.

Court Disposition

Accused sentenced to imprisonment

Orders

  • Accused sentenced to a total term of imprisonment of 30 years, expiring 20 July 2035, with a non parole period of 24 years commencing on 21 July 2005 and expiring on 20 July 2029. First parole eligibility on 20 July 2029.