REGINA v GIDLEY [1999] NSWSC 498

REGINA v GIDLEY [1999] NSWSC 498

It is appropriate to grant the application for determination of minimum and additional terms for the applicant's two murder convictions, despite their seriousness and absence of mitigation, because although the criminality is very high, mental illness and positive conduct in custody have improved the applicant's prospects. Minimum terms of 19 years imprisonment are to be imposed for each count of murder, commencing from 8 March 1982, expiring 7 March 2001, with additional terms of 11 years commencing from 8 March 2001.

Jurisdiction
Australia
Judgment Date
26 May 1999
Procedural Posture
Criminal / Application for Redetermination of Life Sentence; Sentencing
Outcome
Application granted: minimum and additional terms determined.
Legal Topics
['sentencing' 'minimum Term Determination' 'mental Illness and Sentencing' 're Determination of Life Sentence']
['criminal Law'] ['sentencing' 'minimum Term Determination' 'mental Illness and Sentencing' 're Determination of Life Sentence']

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Procedural Posture

Criminal / Application for Redetermination of Life Sentence; Sentencing

Legal Issues

  1. 1 ['Whether a minimum and additional term should be determined in lieu of life sentences for murder pursuant to s.13A of the Sentencing Act 1989' 'Appropriate length and nature of the minimum term and additional term for two murder convictions' 'Considerations of psychiatric illness in sentencing']

Ratio Decidendi

It is appropriate to grant the application for determination of minimum and additional terms for the applicant's two murder convictions, despite their seriousness and absence of mitigation, because although the criminality is very high, mental illness and positive conduct in custody have improved the applicant's prospects. Minimum terms of 19 years imprisonment are to be imposed for each count of murder, commencing from 8 March 1982, expiring 7 March 2001, with additional terms of 11 years commencing from 8 March 2001.

Court Disposition

Application granted: minimum and additional terms determined.

Orders

  • ['Minimum terms of 19 years imprisonment for each murder conviction, commencing 8 March 1982 and expiring 7 March 2001.' 'Additional terms of 11 years imprisonment, commencing 8 March 2001.']