R v Glen [1999] NSWSC 1018

R v Glen [1999] NSWSC 1018

The adjournment was refused because the application had been before the Court for almost six years and it was inappropriate for it to remain in limbo. The substantive application was dismissed because the murder was in the most serious category, the applicant had for many years shown denial, little remorse and resistance to rehabilitation, and his recent participation in preparatory SORT and claimed insight were too recent and untested to permit proper assessment of rehabilitation or continuing risk to the community. However, because there were possible encouraging signs and further programmes could be completed, the period before a fresh s 13A application was reduced to 18 months.

Jurisdiction
Australia
Judgment Date
01 October 1999
Procedural Posture
Criminal Application for Redetermination of Life Sentence Under S 13 a / Supreme Court of New South Wales Determination of Application for Redetermination of Life Sentence and Application for Adjournment
Outcome
Application dismissed; application for adjournment refused; fresh application under s 13A permitted not earlier than 18 months from 1 October 1999.
Legal Topics
['life Sentence Redetermination' 'murder' 'rehabilitation' 'sex Offender Treatment' 'community Protection' 'adjournment']
['criminal Law' 'sentencing'] ['life Sentence Redetermination' 'murder' 'rehabilitation' 'sex Offender Treatment' 'community Protection' 'adjournment']

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Procedural Posture

Criminal Application for Redetermination of Life Sentence Under S 13 a / Supreme Court of New South Wales Determination of Application for Redetermination of Life Sentence and Application for Adjournment

Legal Issues

  1. 1 ["Whether the application for redetermination of the applicant's life sentence should be adjourned until about June 2000 to allow completion of the full SORT programme." "Whether the applicant's life sentence for murder should be redetermined by imposing a minimum and additional term." 'Whether, if the application were dismissed, the time before a further application under s 13A should be reduced from the otherwise applicable period of two years.']

Ratio Decidendi

The adjournment was refused because the application had been before the Court for almost six years and it was inappropriate for it to remain in limbo. The substantive application was dismissed because the murder was in the most serious category, the applicant had for many years shown denial, little remorse and resistance to rehabilitation, and his recent participation in preparatory SORT and claimed insight were too recent and untested to permit proper assessment of rehabilitation or continuing risk to the community. However, because there were possible encouraging signs and further programmes could be completed, the period before a fresh s 13A application was reduced to 18 months.

Court Disposition

Application dismissed; application for adjournment refused; fresh application under s 13A permitted not earlier than 18 months from 1 October 1999.

Orders

  • ['The application for an adjournment is refused.' 'The application is dismissed.' 'The applicant may present a fresh application under s 13A at a date not earlier than 18 months from 1 October 1999, reducing the otherwise applicable period of two years to that extent.']