Pollock v R [2007] NSWSC 148

Pollock v R [2007] NSWSC 148

The life sentence was redetermined because the Crown's concession that a specified term and non-parole period should be set was appropriate, the offence was a savage and sustained unprovoked murder committed with intent to cause grievous bodily harm but not proved beyond reasonable doubt to have been committed with intent to kill, and its objective seriousness was above the lower end but below the middle of the range. The Applicant's extensive non-violent dishonesty history, improved custodial behaviour, reports supporting a structured pathway to release, probably low risk of serious violent reoffending, age, community safety considerations and the totality principle justified a specified...

Jurisdiction
Australia
Judgment Date
02 March 2007
Procedural Posture
Application for Redetermination of Life Sentence Imposed for Murder / Determination in the Supreme Court of New South Wales Common Law Division Criminal List
Outcome
Life sentence redetermined; specified term and non-parole period fixed.
Legal Topics
['redetermination of Life Sentence' 'murder' 'objective Seriousness' 'totality' 'non Parole Period' 'community Safety' 'victim Impact Statement' 'prospects of Rehabilitation']
['criminal Law' 'sentencing'] ['redetermination of Life Sentence' 'murder' 'objective Seriousness' 'totality' 'non Parole Period' 'community Safety' 'victim Impact Statement' 'prospects of Rehabilitation']

Case Brief

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Procedural Posture

Application for Redetermination of Life Sentence Imposed for Murder / Determination in the Supreme Court of New South Wales Common Law Division Criminal List

Legal Issues

  1. 1 ["Whether the Applicant's existing life sentence for murder should be redetermined by setting a specified term and a non-parole period under Schedule 1 of the Crimes (Sentencing Procedure) Act 1999." 'What intention was proved beyond reasonable doubt for the murder: intent to kill or intent to cause grievous bodily harm.' 'Where the offence fell in the range of objective seriousness for murder.' "How the Applicant's prior offences, custodial history, rehabilitation prospects, community safety, age and absence of contrition affected the redetermination." "How the totality principle applied given the Applicant's pre-existing District Court sentences." 'Whether former release on licence practice could be considered under cl.7(1)(e), Schedule 1 of the Crimes (Sentencing Procedure) Act 1999.']

Ratio Decidendi

The life sentence was redetermined because the Crown's concession that a specified term and non-parole period should be set was appropriate, the offence was a savage and sustained unprovoked murder committed with intent to cause grievous bodily harm but not proved beyond reasonable doubt to have been committed with intent to kill, and its objective seriousness was above the lower end but below the middle of the range. The Applicant's extensive non-violent dishonesty history, improved custodial behaviour, reports supporting a structured pathway to release, probably low risk of serious violent reoffending, age, community safety considerations and the totality principle justified a specified...

Court Disposition

Life sentence redetermined; specified term and non-parole period fixed.

Orders

  • ["Specified term fixed at 24 years' imprisonment commencing on 20 November 1990 and expiring on 19 November 2014." 'Non-parole period fixed at 17 years and nine months commencing on 20 November 1990 and expiring on 19 August 2008.' '19 August 2008 specified as the earliest date upon which the Applicant will be...