REGINA v. BAKER [2001] NSWSC 412

REGINA v. BAKER [2001] NSWSC 412

The applicant is not eligible for re-determination under s.13A of the Sentencing Act 1989 because, given the appalling and grave criminality of the offences and the original sentencing judge's non-release recommendation, no special reasons have been established justifying re-determination, even considering evidence of rehabilitation and changed maximum penalties for conspiracy to murder. The legislative requirements for eligibility have not been met.

Parties
Crown: Regina; Applicant: Allan Baker
Jurisdiction
Australia
Judgment Date
25 May 2001
Procedural Posture
Criminal / Application for Re Determination of Life Sentences Under S.13 a of the Sentencing Act 1989
Outcome
Application refused; applicant declared not eligible for determination.
Legal Topics
Sentencing, Life Sentences, Re Determination of Sentence, Eligibility for Minimum Term, Non Release Recommendations
Criminal Law Sentencing Life Sentences Re Determination of Sentence Eligibility for Minimum Term Non Release Recommendations

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Parties

Regina

Crown

Allan Baker

Applicant

Procedural Posture

Criminal / Application for Re Determination of Life Sentences Under S.13 a of the Sentencing Act 1989

Legal Issues

  1. 1 Whether the applicant is eligible for a re-determination of a minimum term and additional term for life sentences under s.13A of the Sentencing Act 1989
  2. 2 Whether special reasons exist justifying re-determination
  3. 3 Effect of non-release recommendation and amendments to sentencing legislation

Ratio Decidendi

The applicant is not eligible for re-determination under s.13A of the Sentencing Act 1989 because, given the appalling and grave criminality of the offences and the original sentencing judge's non-release recommendation, no special reasons have been established justifying re-determination, even considering evidence of rehabilitation and changed maximum penalties for conspiracy to murder. The legislative requirements for eligibility have not been met.

Court Disposition

Application refused; applicant declared not eligible for determination.

Orders

  • Applicant not eligible for determination under s.13A of the Sentencing Act 1989.