REGINA v MAIN [1999] NSWSC 1174

REGINA v MAIN [1999] NSWSC 1174

The application was dismissed because, although there was some indication of genuine change and possible rehabilitation, it was limited and insufficient in light of the applicant's history, lack of remorse for the Cameron murder, ongoing drug-related concerns, personality assessments, and the extreme seriousness of the offences. The Cameron murder was a cold-blooded, pre-planned murder for reward committed while the applicant was in prison awaiting trial for an earlier killing, and a life-means-life sentence would have been a proper exercise of sentencing discretion. However, because s13A requires consideration of material change in character and possible rehabilitation, the Court...

Jurisdiction
Australia
Judgment Date
19 November 1999
Procedural Posture
Application Under S13 a of the Sentencing Act 1989 for Re Determination of Life Sentences / Judgment on Application for Determination of Life Sentence
Outcome
Application dismissed; applicant directed not to reapply under s13A of the Sentencing Act 1989 for a period of two years from 9 July 1999.
Legal Topics
['re Determination of Life Sentence' 'murder' 'rehabilitation' "victims' Impact Statements" 'minimum Term and Additional Term' 'life Imprisonment']
['criminal Law' 'sentencing'] ['re Determination of Life Sentence' 'murder' 'rehabilitation' "victims' Impact Statements" 'minimum Term and Additional Term' 'life Imprisonment']

Case Brief

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Procedural Posture

Application Under S13 a of the Sentencing Act 1989 for Re Determination of Life Sentences / Judgment on Application for Determination of Life Sentence

Legal Issues

  1. 1 ["Whether the applicant's life sentences should be re-determined by setting a minimum term and an additional term under s13A of the Sentencing Act 1989." 'Whether the seriousness of the murders, especially the contract killing of Anthony Cameron, justified declining to determine a minimum term and an additional term.' 'Whether the applicant had demonstrated sufficient rehabilitation to warrant re-determination of the life sentences.' "What relevance Victims' Impact Statements had to the sentencing exercise."]

Ratio Decidendi

The application was dismissed because, although there was some indication of genuine change and possible rehabilitation, it was limited and insufficient in light of the applicant's history, lack of remorse for the Cameron murder, ongoing drug-related concerns, personality assessments, and the extreme seriousness of the offences. The Cameron murder was a cold-blooded, pre-planned murder for reward committed while the applicant was in prison awaiting trial for an earlier killing, and a life-means-life sentence would have been a proper exercise of sentencing discretion. However, because s13A requires consideration of material change in character and possible rehabilitation, the Court...

Court Disposition

Application dismissed; applicant directed not to reapply under s13A of the Sentencing Act 1989 for a period of two years from 9 July 1999.

Orders

  • ['The application to determine a minimum term and an additional term is dismissed.' 'The applicant is not to re-apply to the Court under s13A of the Sentencing Act 1989 for a period of two years from 9 July 1999.']