Regina v John Kiseljev [2004] NSWSC 1030

Regina v John Kiseljev [2004] NSWSC 1030

The prisoner's guilty plea, evidence of remorse, age, prior good character, provocative conduct by the victim, and unlikelihood of re-offending justified a discounted sentence and recognition of special circumstances under s 44 of the Crimes (Sentencing Procedure) Act 1999.

Jurisdiction
Australia
Judgment Date
12 November 2004
Procedural Posture
Criminal / Sentencing
Outcome
Sentenced to imprisonment for 16 years with a non-parole period of 11 years
Legal Topics
['sentencing' 'murder' 'guilty Plea' 'provocative Conduct' 'good Character']
['criminal Law'] ['sentencing' 'murder' 'guilty Plea' 'provocative Conduct' 'good Character']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for murder' 'Role of provocation in sentencing' 'Impact of guilty plea and remorse' 'Consideration of age and prior good character in sentencing']

Ratio Decidendi

The prisoner's guilty plea, evidence of remorse, age, prior good character, provocative conduct by the victim, and unlikelihood of re-offending justified a discounted sentence and recognition of special circumstances under s 44 of the Crimes (Sentencing Procedure) Act 1999.

Court Disposition

Sentenced to imprisonment for 16 years with a non-parole period of 11 years

Orders

  • ['Sentence to be deemed commenced 28 February 2003' 'Non-parole period of 11 years fixed' 'Earliest date for parole eligibility is 27 February 2014']