R v HOWARD [2008] NSWSC 934

R v HOWARD [2008] NSWSC 934

The prisoner was sentenced for murder with the offence assessed as below the mid-range of objective seriousness due to intoxication, lack of premeditation, and immediate remorse, with substantial mitigation from a guilty plea, resulting in a sentence of 18 years 6 months imprisonment and a non-parole period of 14 years.

Parties
Crown: Regina; Prisoner: Gregory Mark Howard
Jurisdiction
Australia
Judgment Date
05 September 2008
Procedural Posture
Criminal / Sentencing
Outcome
Prisoner sentenced to imprisonment for 18 years 6 months with non-parole period of 14 years
Legal Topics
Murder, Sentencing, Firearms Offences
Criminal Law Murder Sentencing Firearms Offences

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Parties

Regina

Crown

Gregory Mark Howard

Prisoner

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for murder in circumstances involving intoxication and lack of premeditation
  2. 2 Consideration of plea of guilty and role of intoxication as mitigating factors
  3. 3 Relevance of prior criminal record and associated firearms offences

Ratio Decidendi

The prisoner was sentenced for murder with the offence assessed as below the mid-range of objective seriousness due to intoxication, lack of premeditation, and immediate remorse, with substantial mitigation from a guilty plea, resulting in a sentence of 18 years 6 months imprisonment and a non-parole period of 14 years.

Court Disposition

Prisoner sentenced to imprisonment for 18 years 6 months with non-parole period of 14 years

Orders

  • Sentence to imprisonment for 18 years 6 months, commencing 27 October 2007 and expiring 26 April 2026.
  • Non-parole period of 14 years, expiring 26 April 2021.