Regina v Lee [1999] NSWSC 773

Regina v Lee [1999] NSWSC 773

Although the murder was a horrendous and savage killing requiring a substantial sentence and the applicant had shown no contrition while maintaining innocence, the Crown did not oppose re-determination, there was no suggestion of future dangerousness, and the applicant had made progress toward rehabilitation. Balancing those matters, the life sentence was re-determined to a total term of 21 years, with a minimum term of 16 years and an additional term of 5 years.

Jurisdiction
Australia
Judgment Date
23 July 1999
Procedural Posture
Criminal Sentencing Application Under S 13 a of the Sentencing Act 1989 / Re Determination of Life Sentence
Outcome
Application granted; life sentence re-determined.
Legal Topics
['re Determination of Life Sentence' 'murder' 'minimum Term and Additional Term' 'rehabilitation' 'contrition and Maintenance of Innocence' 'future Dangerousness']
['criminal Law' 'sentencing'] ['re Determination of Life Sentence' 'murder' 'minimum Term and Additional Term' 'rehabilitation' 'contrition and Maintenance of Innocence' 'future Dangerousness']

Case Brief

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Procedural Posture

Criminal Sentencing Application Under S 13 a of the Sentencing Act 1989 / Re Determination of Life Sentence

Legal Issues

  1. 1 ["Whether the applicant's life sentence for murder should be re-determined under s 13A of the Sentencing Act 1989." "What minimum term and additional term should be fixed having regard to the objective seriousness of the murder, the applicant's maintenance of innocence, rehabilitation, absence of future dangerousness, and time already served."]

Ratio Decidendi

Although the murder was a horrendous and savage killing requiring a substantial sentence and the applicant had shown no contrition while maintaining innocence, the Crown did not oppose re-determination, there was no suggestion of future dangerousness, and the applicant had made progress toward rehabilitation. Balancing those matters, the life sentence was re-determined to a total term of 21 years, with a minimum term of 16 years and an additional term of 5 years.

Court Disposition

Application granted; life sentence re-determined.

Orders

  • ['The applicant is sentenced for murder to a total term of penal servitude of 21 years to date from 19 October 1988.' 'A minimum term of 16 years is fixed to date from 19 October 1988 and to expire on 18 October 2004.' 'An additional term of 5 years is fixed to commence on 19 October 2004 and to expire on 18 October...