REGINA v FARMER [2008] NSWSC 581

REGINA v FARMER [2008] NSWSC 581

Given the high level of objective seriousness and the specific aggravating circumstances, including use of a weapon, serious injury, commission in the victim's home, significant and ongoing impact on the victim, and commission while on parole, the offences warranted significant sentences well above the standard non-parole periods. The court declined to categorise the offences as in the absolute 'worst case' category but found them towards the upper end of seriousness. Sentences were ordered to accumulate so as to reflect the totality of the criminal conduct while respecting the proportion between total sentence and non-parole period.

Jurisdiction
Australia
Judgment Date
13 June 2008
Procedural Posture
Criminal / Sentencing Judgment After Jury Verdict
Outcome
Offender sentenced to an effective total non-parole period of 20 years commencing 1 August 2006 and expiring 31 July 2026, with a total head sentence of 24 years and 6 months expiring 31 January 2031. The earliest date for parole eligibility is 31 July 2026.
Legal Topics
['sentencing' 'kidnapping' 'attempted Murder' 'damaging Property With Intent to Endanger Life' 'aggravating and Mitigating Factors' 'totality Principle']
['criminal Law'] ['sentencing' 'kidnapping' 'attempted Murder' 'damaging Property With Intent to Endanger Life' 'aggravating and Mitigating Factors' 'totality Principle']

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Procedural Posture

Criminal / Sentencing Judgment After Jury Verdict

Legal Issues

  1. 1 ['What is the appropriate sentence for the offender convicted of detaining a person for sexual gratification, causing grievous bodily harm with intent to murder, and maliciously damaging property with intent to endanger life?' 'Are the offences within the worst case category?' 'What are the aggravating and mitigating factors relevant to sentencing in this case?' 'How should non-parole periods and total sentences be structured given multiple offences?']

Ratio Decidendi

Given the high level of objective seriousness and the specific aggravating circumstances, including use of a weapon, serious injury, commission in the victim's home, significant and ongoing impact on the victim, and commission while on parole, the offences warranted significant sentences well above the standard non-parole periods. The court declined to categorise the offences as in the absolute 'worst case' category but found them towards the upper end of seriousness. Sentences were ordered to accumulate so as to reflect the totality of the criminal conduct while respecting the proportion between total sentence and non-parole period.

Court Disposition

Offender sentenced to an effective total non-parole period of 20 years commencing 1 August 2006 and expiring 31 July 2026, with a total head sentence of 24 years and 6 months expiring 31 January 2031. The earliest date for parole eligibility is 31 July 2026.

Orders

  • ['Count 1 (s.86(1)(b), Crimes Act 1900): non-parole period of 5 years and 6 months from 1 August 2006 to 31 January 2012, balance of 1 year and 9 months to 31 October 2013.' 'Count 3 (s.198, Crimes Act 1900): non-parole period of 12 years from 1 August 2009 to 31 July 2021, balance of 4 years to 31 July 2025.'...