R v ATTARD & SHARAH [2000] NSWSC 511

R v ATTARD & SHARAH [2000] NSWSC 511

In re-determining life sentences for murder and armed robbery with wounding, the Court fixed Mr Attard's sentence at 21 years with a 15-year non-parole period, reflecting the seriousness of the offences, his criminal history, offences committed on parole, and some discount for rehabilitation. For Mr Sharah, due to continued drug addiction and lack of demonstrated rehabilitation, the application for re-determination was refused.

Jurisdiction
Australia
Judgment Date
09 June 2000
Procedural Posture
Criminal / Application for Re Determination of Life Sentence Under Schedule 1 to the Crimes (sentencing Procedure) Act 1999
Outcome
Application by Frank Attard allowed in part; sentence re-determined. Application by Michael Bernard Sharah refused.
Legal Topics
['determination of Life Sentence' 'sentencing Principles' 'parole Eligibility' 'application of Totality Principle']
['criminal Law'] ['determination of Life Sentence' 'sentencing Principles' 'parole Eligibility' 'application of Totality Principle']

Case Brief

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Procedural Posture

Criminal / Application for Re Determination of Life Sentence Under Schedule 1 to the Crimes (sentencing Procedure) Act 1999

Legal Issues

  1. 1 ['Whether to re-determine and fix a non-parole period for life sentences imposed for murder and armed robbery with wounding' 'Appropriate sentence and non-parole period for applicants given circumstances and legislative provisions']

Ratio Decidendi

In re-determining life sentences for murder and armed robbery with wounding, the Court fixed Mr Attard's sentence at 21 years with a 15-year non-parole period, reflecting the seriousness of the offences, his criminal history, offences committed on parole, and some discount for rehabilitation. For Mr Sharah, due to continued drug addiction and lack of demonstrated rehabilitation, the application for re-determination was refused.

Court Disposition

Application by Frank Attard allowed in part; sentence re-determined. Application by Michael Bernard Sharah refused.

Orders

  • ['Frank Attard: for the murder of Nick Ikonomopoulos, sentenced to 21 years imprisonment including a non-parole period of 15 years, both periods commencing on 24 November 1989.' 'Application by Michael Bernard Sharah for re-determination of life sentence is refused.' 'Michael Bernard Sharah not to re-apply for...