R v Walker (No 8) [2017] NSWSC 1548

R v Walker (No 8) [2017] NSWSC 1548

Because Mr Walker died before sentence, the Court could not impose a penalty or punishment on him and therefore could not sentence him for the murder of which he had been convicted. Section 5 of the Crimes (Sentencing Procedure) Act 1999 (NSW), dealing with imprisonment, contemplates that an offender sentenced to imprisonment is alive to serve the sentence. The Court could nevertheless make observations about the offending and acknowledge the victim impact statements.

Jurisdiction
Australia
Judgment Date
23 November 2017
Procedural Posture
Criminal Sentence for Murder / After Jury Conviction and Before Sentence; Offender Died Before Sentence Could Be Imposed
Outcome
Deceased offender cannot be sentenced; no sentence imposed, but observations made and victim impact statements acknowledged.
Legal Topics
['murder' 'death of Convicted Offender Before Sentence' 'victim Impact Statements' 'domestic Violence' 'imprisonment']
['criminal Law' 'sentencing'] ['murder' 'death of Convicted Offender Before Sentence' 'victim Impact Statements' 'domestic Violence' 'imprisonment']

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Procedural Posture

Criminal Sentence for Murder / After Jury Conviction and Before Sentence; Offender Died Before Sentence Could Be Imposed

Legal Issues

  1. 1 ['Whether the Court could sentence a convicted offender after the offender had died.' "Whether the Court could make observations about the offending despite the offender's death." 'How the Court should deal with victim impact statements when the offender could not be sentenced.']

Ratio Decidendi

Because Mr Walker died before sentence, the Court could not impose a penalty or punishment on him and therefore could not sentence him for the murder of which he had been convicted. Section 5 of the Crimes (Sentencing Procedure) Act 1999 (NSW), dealing with imprisonment, contemplates that an offender sentenced to imprisonment is alive to serve the sentence. The Court could nevertheless make observations about the offending and acknowledge the victim impact statements.

Court Disposition

Deceased offender cannot be sentenced; no sentence imposed, but observations made and victim impact statements acknowledged.

Orders

  • []