R v Reay (No 2) [2021] NSWSC 901

R v Reay (No 2) [2021] NSWSC 901

The appropriate sentence for the murder committed in custody is 30 years’ imprisonment with a non-parole period of 22 years 6 months, reflecting the gravity of the offence, the offender’s intent to kill, brutality, extensive history of violent offending, and the need for community protection, balanced against modest allowance for background and personality disorder, and taking into account time in custody, totality, and statutory aggravating factors.

Jurisdiction
Australia
Judgment Date
28 July 2021
Procedural Posture
Criminal Sentencing / Sentence After Conviction at Judge Alone Trial
Outcome
Convicted and sentenced to imprisonment for 30 years with a non-parole period of 22 years and 6 months, sentence backdated to 1 June 2020.
Legal Topics
['sentencing' 'murder' 'mitigating and Aggravating Factors' 'antisocial Personality Disorder' 'non Parole Period' 'totality Principle']
['criminal Law'] ['sentencing' 'murder' 'mitigating and Aggravating Factors' 'antisocial Personality Disorder' 'non Parole Period' 'totality Principle']

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Procedural Posture

Criminal Sentencing / Sentence After Conviction at Judge Alone Trial

Legal Issues

  1. 1 ['Appropriate sentence for murder in custody' 'Objective seriousness of murder by strangulation of cellmate' 'Effect of antisocial personality disorder and prior history on moral culpability and sentence' 'Application of Crimes (Sentencing Procedure) Act 1999 (NSW), s 56(3) regarding backdating and concurrency']

Ratio Decidendi

The appropriate sentence for the murder committed in custody is 30 years’ imprisonment with a non-parole period of 22 years 6 months, reflecting the gravity of the offence, the offender’s intent to kill, brutality, extensive history of violent offending, and the need for community protection, balanced against modest allowance for background and personality disorder, and taking into account time in custody, totality, and statutory aggravating factors.

Court Disposition

Convicted and sentenced to imprisonment for 30 years with a non-parole period of 22 years and 6 months, sentence backdated to 1 June 2020.

Orders

  • ['Convicted of murder.' 'Imprisonment for 30 years, non-parole period 22 years 6 months.' 'Sentence to date from 1 June 2020.' 'Eligible for parole on 30 November 2042.']