Regina v Sharp [2001] NSWSC 842

Regina v Sharp [2001] NSWSC 842

Having regard to the applicant's age at the time of offence, period spent in prison including protective custody, remorse, prison record, low risk of reoffending, participation in rehabilitation courses, and absence of any sentencing judge recommendation that he never be released, the sentence of life imprisonment should be redetermined to a fixed term of 21 years' imprisonment, with a non-parole period of 16 years.

Jurisdiction
Australia
Judgment Date
27 September 2001
Procedural Posture
Criminal / Sentence Redetermination
Outcome
Sentence redetermined; fixed term imposed.
Legal Topics
['sentencing' 'redetermination of Life Sentences' 'murder' 'rape' 'effect of Intoxication' 'parole Eligibility' 'protection Custody']
['criminal Law'] ['sentencing' 'redetermination of Life Sentences' 'murder' 'rape' 'effect of Intoxication' 'parole Eligibility' 'protection Custody']

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Procedural Posture

Criminal / Sentence Redetermination

Legal Issues

  1. 1 ['Whether the life sentence imposed for murder and rape should be redetermined under s 13A of the Sentencing Act 1989 and the Crimes (Sentencing Procedure) Act 1999' "What is the appropriate term and non-parole period given the applicant's circumstances, progress in custody, and risk of reoffending"]

Ratio Decidendi

Having regard to the applicant's age at the time of offence, period spent in prison including protective custody, remorse, prison record, low risk of reoffending, participation in rehabilitation courses, and absence of any sentencing judge recommendation that he never be released, the sentence of life imprisonment should be redetermined to a fixed term of 21 years' imprisonment, with a non-parole period of 16 years.

Court Disposition

Sentence redetermined; fixed term imposed.

Orders

  • ['Applicant sentenced to imprisonment for 21 years commencing 28 April 1988 to terminate 27 April 2009.' 'Non-parole period of 16 years fixed to commence 28 April 1988 and terminate 27 April 2004; applicant eligible for parole from 27 April 2004.']