Regina v Keir [2004] NSWSC 1194

Regina v Keir [2004] NSWSC 1194

The court was not satisfied beyond reasonable doubt that Mr Keir intended to kill Jean Angela Keir as opposed to intending to inflict grievous bodily harm, and there was no subsequent significant circumstance warranting departure from the prima facie approach in R v Gilmore and R v Bedford. The sentence imposed by Kirby J was appropriate, and special circumstances justified the non-parole period because Mr Keir would benefit from supervision over a longer period, this was his first custodial sentence, and he had served and would serve some of it under protection.

Jurisdiction
Australia
Judgment Date
13 December 2004
Procedural Posture
Sentence for Murder / Judgment on Sentence After Conviction at Second Retrial
Outcome
Thomas Andrew Keir was sentenced to imprisonment for twenty two years with a non-parole period of sixteen years.
Legal Topics
['murder' 'sentencing After Retrial' 'non Parole Period' 'victim Impact Statements' 'intention to Kill or Cause Grievous Bodily Harm']
['criminal Law' 'sentencing'] ['murder' 'sentencing After Retrial' 'non Parole Period' 'victim Impact Statements' 'intention to Kill or Cause Grievous Bodily Harm']

Case Brief

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Procedural Posture

Sentence for Murder / Judgment on Sentence After Conviction at Second Retrial

Legal Issues

  1. 1 ['Whether the sentence imposed after retrial should exceed the sentence imposed at the preceding trial.' 'Whether the Crown proved beyond reasonable doubt that the accused intended to kill Jean Angela Keir rather than intending to inflict grievous bodily harm.' 'Whether special circumstances justified a non-parole period departing from the proportion suggested by s 44(2) of the Crimes (Sentencing Procedure) Act 1999.' 'Whether victim impact statements should affect the sentence imposed.']

Ratio Decidendi

The court was not satisfied beyond reasonable doubt that Mr Keir intended to kill Jean Angela Keir as opposed to intending to inflict grievous bodily harm, and there was no subsequent significant circumstance warranting departure from the prima facie approach in R v Gilmore and R v Bedford. The sentence imposed by Kirby J was appropriate, and special circumstances justified the non-parole period because Mr Keir would benefit from supervision over a longer period, this was his first custodial sentence, and he had served and would serve some of it under protection.

Court Disposition

Thomas Andrew Keir was sentenced to imprisonment for twenty two years with a non-parole period of sixteen years.

Orders

  • ['Thomas Andrew Keir is sentenced to a term of imprisonment for twenty two years commencing on 20 February 1998 and ending on 19 February 2020 with a non-parole period of sixteen years.' 'Thomas Andrew Keir will be eligible for release on parole on 19 February 2014.']