R v White [2005] NSWSC 667

R v White [2005] NSWSC 667

In sentencing for murder involving reckless indifference to human life, with a guilty plea and relevant aggravating and mitigating factors, the standard non parole period is used as a reference, and an eighteen-year non parole period with a six-year parole period is appropriate given the offender's circumstances.

Parties
Prosecution: Regina; Offender: Clarence Herman White
Jurisdiction
Australia
Judgment Date
08 July 2005
Procedural Posture
Criminal / Sentencing
Outcome
The offender is convicted of murder and sentenced to imprisonment with an eighteen-year non parole period and a six-year parole period.
Legal Topics
Murder, Sentencing, Reckless Indifference, Standard Non Parole Period, Aggravating Factors, Mitigating Factors
Criminal Law Murder Sentencing Reckless Indifference Standard Non Parole Period Aggravating Factors Mitigating Factors

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Parties

Regina

Prosecution

Clarence Herman White

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for murder involving reckless indifference to human life
  2. 2 Significance of standard non parole period in sentencing following a guilty plea

Ratio Decidendi

In sentencing for murder involving reckless indifference to human life, with a guilty plea and relevant aggravating and mitigating factors, the standard non parole period is used as a reference, and an eighteen-year non parole period with a six-year parole period is appropriate given the offender's circumstances.

Court Disposition

The offender is convicted of murder and sentenced to imprisonment with an eighteen-year non parole period and a six-year parole period.

Orders

  • The offender is convicted of murder.
  • The non parole period is eighteen years commencing 11 December 2003 and expiring 10 December 2021.