Regina v Page [2002] NSWSC 1067

Regina v Page [2002] NSWSC 1067

Section 19(2) did not apply to the applicant's existing life sentence because the sentence of life imprisonment had been imposed before the legislation reducing the maximum penalty to 25 years commenced. However, the reduction in maximum penalty was a relevant matter in the sentencing discretion. Having regard to the extreme objective seriousness of the crime, the applicant's rehabilitation and lack of recurrent serious violence over more than 26 years, the Court was not required to decline to set a specified term; the appropriate redetermination was a finite term of 20 years with a non-parole period of 15 years.

Jurisdiction
Australia
Judgment Date
15 November 2002
Procedural Posture
Application for Determination of Life Sentence Under S44(5) Crimes (sentencing Procedure) Act, 1999; Schedule 1 / Supreme Court Redetermination of Existing Life Sentence
Outcome
Application determined by setting a specified term of imprisonment and a non-parole period.
Legal Topics
['determination of Life Sentence' 'change in Penalty' 'existing Life Sentence' 'non Parole Period' 'proportionality' 'protection of the Community']
['criminal Law' 'criminal Practice and Procedure' 'sentencing'] ['determination of Life Sentence' 'change in Penalty' 'existing Life Sentence' 'non Parole Period' 'proportionality' 'protection of the Community']

Case Brief

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Procedural Posture

Application for Determination of Life Sentence Under S44(5) Crimes (sentencing Procedure) Act, 1999; Schedule 1 / Supreme Court Redetermination of Existing Life Sentence

Legal Issues

  1. 1 ['Whether the applicant was entitled to the benefit of the reduction of the maximum penalty for wounding with intent to murder from life imprisonment to 25 years imprisonment.' 'Whether redetermination of an existing life sentence is a new sentence so that s19(2) of the Crimes (Sentencing Procedure) Act, 1999 applies.' 'Whether the Court should set a specified term and non-parole period or decline to set a specified term while setting only a non-parole period.' "What sentence was appropriate having regard to the objective gravity of the offence, the applicant's subjective circumstances, subsequent conduct, and the matters in Schedule 1 clause 7(1)."]

Ratio Decidendi

Section 19(2) did not apply to the applicant's existing life sentence because the sentence of life imprisonment had been imposed before the legislation reducing the maximum penalty to 25 years commenced. However, the reduction in maximum penalty was a relevant matter in the sentencing discretion. Having regard to the extreme objective seriousness of the crime, the applicant's rehabilitation and lack of recurrent serious violence over more than 26 years, the Court was not required to decline to set a specified term; the appropriate redetermination was a finite term of 20 years with a non-parole period of 15 years.

Court Disposition

Application determined by setting a specified term of imprisonment and a non-parole period.

Orders

  • ['Pursuant to Schedule (1) clause 4 of the Crimes (Sentencing Procedure) Act, 1999, a term of imprisonment of 20 years was specified commencing on 12 April 1976 and expiring on 11 April 1996.' 'A non-parole period of 15 years was specified expiring on 11 April 1991.']