R v Wade [2013] NSWSC 1092

R v Wade [2013] NSWSC 1092

Given the objective gravity of the murder committed, the applicant’s sentence should be re-determined to a term of imprisonment of 36 years commencing 13 August 1988 and expiring 12 August 2024 with a non-parole period of 26 years, expiring 12 August 2014, reflecting both the seriousness of the offence and the applicant’s progress and rehabilitation within custody.

Jurisdiction
Australia
Judgment Date
05 August 2013
Procedural Posture
Sentence Application / Application for Redetermination of Life Sentence
Outcome
Application granted, sentence re-determined.
Legal Topics
['sentence Redetermination' 'life Imprisonment' 'murder' 'sexual Assault' 'non Parole Period' 'special Circumstances']
['criminal Law'] ['sentence Redetermination' 'life Imprisonment' 'murder' 'sexual Assault' 'non Parole Period' 'special Circumstances']

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Procedural Posture

Sentence Application / Application for Redetermination of Life Sentence

Legal Issues

  1. 1 ["Whether the applicant's life sentence should be redetermined to a term of years with a non-parole period under current sentencing legislation" 'Assessment of appropriate minimum and additional terms for an offence of murder, considering objective gravity and prospects of rehabilitation']

Ratio Decidendi

Given the objective gravity of the murder committed, the applicant’s sentence should be re-determined to a term of imprisonment of 36 years commencing 13 August 1988 and expiring 12 August 2024 with a non-parole period of 26 years, expiring 12 August 2014, reflecting both the seriousness of the offence and the applicant’s progress and rehabilitation within custody.

Court Disposition

Application granted, sentence re-determined.

Orders

  • ['Term of imprisonment of 36 years commencing 13 August 1988 and expiring 12 August 2024 imposed.' 'Non-parole period of 26 years expiring 12 August 2014 specified.' 'Earliest date entitled to be considered for release specified as 13 August 2014.']