R v ELPHICK [2002] NSWCCA 273

R v ELPHICK [2002] NSWCCA 273

No sentencing error was shown. The murder was of high objective seriousness, involving the applicant taking a boning knife in contemplation of killing the deceased and stabbing her to death. The evidence about counselling, rehabilitation and low risk did not establish special circumstances warranting a non-parole period below twelve years or below three-quarters of the head sentence, and a lesser full-time custodial period would not reflect the objective seriousness of the offence.

Jurisdiction
Australia
Judgment Date
02 July 2002
Procedural Posture
Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Judgment
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['murder' 'domestic Relationship Murder' 'special Circumstances' 'non Parole Period' 'objective Seriousness' 'rehabilitation']
['criminal Law' 'sentencing'] ['murder' 'domestic Relationship Murder' 'special Circumstances' 'non Parole Period' 'objective Seriousness' 'rehabilitation']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Judgment

Legal Issues

  1. 1 ['Whether the sentencing judge erred by setting a non-parole period of twelve years rather than a period less than three-quarters of the head sentence on the basis of special circumstances.' 'Whether the objective seriousness of the murder and sentencing principles warranted appellate intervention.']

Ratio Decidendi

No sentencing error was shown. The murder was of high objective seriousness, involving the applicant taking a boning knife in contemplation of killing the deceased and stabbing her to death. The evidence about counselling, rehabilitation and low risk did not establish special circumstances warranting a non-parole period below twelve years or below three-quarters of the head sentence, and a lesser full-time custodial period would not reflect the objective seriousness of the offence.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['That the application for leave to appeal be granted.' 'That the appeal be dismissed.']