Regina v Darren Alan Slater and Regina v Nathan Isaac Michael [1999] NSWSC 1144

Regina v Darren Alan Slater and Regina v Nathan Isaac Michael [1999] NSWSC 1144

Given the extreme seriousness of the offence, the absence of mitigating factual features, and substantial rehabilitation by both applicants, the Court granted the applications, substituting determinate sentences with minimum and additional terms, allowing for eventual parole but ensuring substantial further time in custody.

Parties
Prosecutor: Regina; Applicant: Darren Alan Slater; Applicant: Nathan Isaac Michael
Jurisdiction
Australia
Judgment Date
26 November 1999
Procedural Posture
Application for Redetermination of Life Sentence / Judgment on S 13 a Sentencing Act 1989 (nsw) Application
Outcome
Applications for redetermination granted; life sentences replaced with fixed terms and minimum terms set for each applicant.
Legal Topics
Re Determination of Life Sentence, Minimum Term and Additional Term, Rehabilitation, Murder, Victim Impact Statements
Criminal Law Sentencing Re Determination of Life Sentence Minimum Term and Additional Term Rehabilitation Murder Victim Impact Statements

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Parties

Regina

Prosecutor

Darren Alan Slater

Applicant

Nathan Isaac Michael

Applicant

Procedural Posture

Application for Redetermination of Life Sentence / Judgment on S 13 a Sentencing Act 1989 (nsw) Application

Legal Issues

  1. 1 Whether applications under s 13A Sentencing Act 1989 (NSW) for redetermination of life sentences should be granted for each applicant
  2. 2 What sentences, if any, should be imposed in substitution for life sentences

Ratio Decidendi

Given the extreme seriousness of the offence, the absence of mitigating factual features, and substantial rehabilitation by both applicants, the Court granted the applications, substituting determinate sentences with minimum and additional terms, allowing for eventual parole but ensuring substantial further time in custody.

Court Disposition

Applications for redetermination granted; life sentences replaced with fixed terms and minimum terms set for each applicant.

Orders

  • Darren Alan Slater: application granted; life sentence replaced by 24 years penal servitude (minimum 18 years, additional 6 years); minimum term from 12 September 1989 to 11 September 2007; additional term from 12 September 2007.
  • Nathan Isaac Michael: application granted; life sentence replaced by 21 years penal servitude (minimum 16 years, additional 5 years); minimum term from 12 September 1989 to 11 September 2005; additional term from 12 September 2005.