Regina v Keir [2003] NSWSC 140

Regina v Keir [2003] NSWSC 140

Given the objective gravity of the crime, the domestic context, the lack of intent to kill beyond reasonable doubt, the absence of serious prior convictions, and the delay not attributable to the accused that provided some rehabilitative advantage, the appropriate sentence for Thomas Andrew Keir is 22 years imprisonment with a non-parole period of 16 years.

Jurisdiction
Australia
Judgment Date
21 March 2003
Procedural Posture
Criminal / Sentencing After Conviction by Jury
Outcome
Sentence imposed
Legal Topics
['sentencing' 'murder' 'domestic Violence' 'delay in Prosecution']
['criminal Law'] ['sentencing' 'murder' 'domestic Violence' 'delay in Prosecution']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Criminal / Sentencing After Conviction by Jury

Legal Issues

  1. 1 ['Determination of appropriate sentence for murder in domestic context' 'Assessment of intention in the commission of murder' 'Weight to be given to delay in prosecution' 'Consideration of subjective factors relevant to accused']

Ratio Decidendi

Given the objective gravity of the crime, the domestic context, the lack of intent to kill beyond reasonable doubt, the absence of serious prior convictions, and the delay not attributable to the accused that provided some rehabilitative advantage, the appropriate sentence for Thomas Andrew Keir is 22 years imprisonment with a non-parole period of 16 years.

Court Disposition

Sentence imposed

Orders

  • ['Thomas Andrew Keir is sentenced to 22 years imprisonment commencing 20 February 1998 and expiring on 19 February 2020, with a non-parole period of 16 years. Eligible for parole on 20 February 2014.']