R v Wills [2005] NSWSC 368

R v Wills [2005] NSWSC 368

The offender was sentenced to imprisonment for 18 years, commencing 29 October 2002 and expiring 28 October 2020, with a non-parole period fixed at 14 years, commencing 29 October 2002 and expiring 28 October 2016, due to the serious and violent nature of the murder and the absence of special circumstances, notwithstanding the offender's mental illness which reduced the weight of general deterrence.

Jurisdiction
Australia
Judgment Date
22 April 2005
Procedural Posture
Criminal (murder) / Sentencing
Outcome
Offender sentenced to imprisonment for 18 years with a non-parole period of 14 years; eligible for parole from 28 October 2016.
Legal Topics
['sentencing' 'murder' 'mental Illness in Sentencing' 'parole Eligibility']
['criminal Law'] ['sentencing' 'murder' 'mental Illness in Sentencing' 'parole Eligibility']

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Procedural Posture

Criminal (murder) / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for murder under Crimes (Sentencing Procedure) Act' 'Effect of mental illness on deterrence and sentencing principles' 'Existence of special circumstances justifying reduction of non-parole period']

Ratio Decidendi

The offender was sentenced to imprisonment for 18 years, commencing 29 October 2002 and expiring 28 October 2020, with a non-parole period fixed at 14 years, commencing 29 October 2002 and expiring 28 October 2016, due to the serious and violent nature of the murder and the absence of special circumstances, notwithstanding the offender's mental illness which reduced the weight of general deterrence.

Court Disposition

Offender sentenced to imprisonment for 18 years with a non-parole period of 14 years; eligible for parole from 28 October 2016.

Orders

  • ['Imprisonment for a term of eighteen years to date from 29 October 2002 and to expire on 28 October 2020.' 'A minimum term of fourteen years to date from 29 October 2002 and to expire on 28 October 2016.' 'The first date upon which the prisoner is to be eligible for release upon parole is 28 October 2016.']