Regina v Andrew Mark Norrie [2006] NSWSC 830

Regina v Andrew Mark Norrie [2006] NSWSC 830

The Court declined to specify a term or a non-parole period for the applicant's life sentence because the murder fell within the most serious category of offences, the applicant posed an ongoing danger to the community, and there was insufficient evidence of progress or rehabilitation to justify setting a non-parole period. Protection of the community was the predominant consideration.

Parties
Applicant: Andrew Mark Norrie; Respondent: Regina
Jurisdiction
Australia
Judgment Date
22 August 2006
Procedural Posture
Application for Redetermination of Life Sentence / Determination of Application Under Schedule 1, Crimes (sentencing Procedure) Act 1999
Outcome
Application dismissed; term and non-parole period not fixed; re-application barred for 20 years.
Legal Topics
Life Sentences, Redetermination of Sentence, Parole Eligibility, Dangerous Offenders
Criminal Law Sentencing Life Sentences Redetermination of Sentence Parole Eligibility Dangerous Offenders

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Parties

Andrew Mark Norrie

Applicant

Regina

Respondent

Procedural Posture

Application for Redetermination of Life Sentence / Determination of Application Under Schedule 1, Crimes (sentencing Procedure) Act 1999

Legal Issues

  1. 1 Whether a specified term and/or non-parole period should be set for a life sentence under Sch 1 of the Crimes (Sentencing Procedure) Act 1999.
  2. 2 Whether, and for how long, the applicant should be precluded from re-applying for determination of a term and non-parole period.

Ratio Decidendi

The Court declined to specify a term or a non-parole period for the applicant's life sentence because the murder fell within the most serious category of offences, the applicant posed an ongoing danger to the community, and there was insufficient evidence of progress or rehabilitation to justify setting a non-parole period. Protection of the community was the predominant consideration.

Court Disposition

Application dismissed; term and non-parole period not fixed; re-application barred for 20 years.

Orders

  • Pursuant to cl 4(1)(c) of Sch 1 of the Crimes (Sentencing Procedure) Act 1999, no term or non-parole period specified for the life sentence imposed on Andrew Mark Norrie on 31 July 1987.
  • Pursuant to cl 6(1)(b) of Sch 1, Andrew Mark Norrie may not re-apply for 20 years from 22 August 2006 for a determination of a term and a non-parole period in respect of that sentence.