R v MM (No 3) [2018] NSWDC 529
The judge held that the error in specifying standard non-parole periods was not subject to correction under s 43 of the Crimes (Sentencing Procedure) Act 1999 and that the aggregate sentence of 32 years with a non-parole period of 24 years stands, as the indicative sentences and analysis of seriousness were not materially affected by the guidepost of standard non-parole periods.
- Jurisdiction
- Australia
- Judgment Date
- 28 August 2018
- Procedural Posture
- Criminal / Application to Amend Sentence Following Sentencing
- Outcome
- Application to amend sentence refused
- Legal Topics
- ['sentencing Procedure' 'standard Non Parole Periods' 'retrospective and Prospective Application of Statutory Amendments']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal / Application to Amend Sentence Following Sentencing
Legal Issues
- 1 ['Whether sentence can be amended under s 43 Crimes (Sentencing Procedure) Act due to error in specification of standard non-parole period' 'Application and effect of legislative amendments to standard non-parole periods']
Ratio Decidendi
The judge held that the error in specifying standard non-parole periods was not subject to correction under s 43 of the Crimes (Sentencing Procedure) Act 1999 and that the aggregate sentence of 32 years with a non-parole period of 24 years stands, as the indicative sentences and analysis of seriousness were not materially affected by the guidepost of standard non-parole periods.
Court Disposition
Application to amend sentence refused
Orders
- ['The aggregate sentence of 32 years with a non-parole period of 24 years remains.']
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