R v White [2000] NSWSC 555

R v White [2000] NSWSC 555

The application was governed by the Crimes (Sentencing Procedure) Act 1999. Although the murder was extremely serious and involved a savage killing and sexual offending against a stranger in her home, the applicant's youth at the time of the offence, Aboriginal and disadvantaged background, some rehabilitative progress, educational improvement and the totality of his sentences justified setting a specified term rather than leaving the life sentence undetermined. The appropriate sentence for the murder was a specified term of 22 years imprisonment, backdated to 9 January 1990, with a non-parole period of 16 years and 6 months.

Jurisdiction
Australia
Judgment Date
22 June 2000
Procedural Posture
Criminal Sentencing Application in Relation to an Existing Life Sentence / Application to Set a Specified Term and Non Parole Period
Outcome
Application granted; specified term and non-parole period fixed for the existing life sentence.
Legal Topics
['murder' 'sexual Intercourse Without Consent' 'existing Life Sentence' 'non Parole Period' 'aboriginal Offender' 'fernando Principles' 'totality' 'parole Eligibility']
['criminal Law' 'sentencing'] ['murder' 'sexual Intercourse Without Consent' 'existing Life Sentence' 'non Parole Period' 'aboriginal Offender' 'fernando Principles' 'totality' 'parole Eligibility']

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Procedural Posture

Criminal Sentencing Application in Relation to an Existing Life Sentence / Application to Set a Specified Term and Non Parole Period

Legal Issues

  1. 1 ['Whether the application was governed by s 13A of the Sentencing Act 1989 or by Schedule 1 to the Crimes (Sentencing Procedure) Act 1999.' "Whether the Court should set a specified term and a non-parole period for the applicant's existing life sentence for murder." "What specified term and non-parole period were appropriate having regard to the objective seriousness of the murder, the applicant's age, background, conduct in custody, rehabilitation, deterrence, retribution, protection of the community and totality." 'Whether s 44(2) of the Crimes (Sentencing Procedure) Act 1999 constrained the fixing of the non-parole period.']

Ratio Decidendi

The application was governed by the Crimes (Sentencing Procedure) Act 1999. Although the murder was extremely serious and involved a savage killing and sexual offending against a stranger in her home, the applicant's youth at the time of the offence, Aboriginal and disadvantaged background, some rehabilitative progress, educational improvement and the totality of his sentences justified setting a specified term rather than leaving the life sentence undetermined. The appropriate sentence for the murder was a specified term of 22 years imprisonment, backdated to 9 January 1990, with a non-parole period of 16 years and 6 months.

Court Disposition

Application granted; specified term and non-parole period fixed for the existing life sentence.

Orders

  • ['Specified term of 22 years imprisonment to date from 9 January 1990 and expire on 8 January 2012.' 'Non-parole period of 16 years and 6 months to date from 9 January 1990 and expire on 8 July 2006.' '9 July 2006 specified as the earliest date upon which the applicant will become eligible for release on parole.']