R v Websdale [2000] NSWSC 636

R v Websdale [2000] NSWSC 636

Although the murders were extremely grave and required a lengthy sentence reflecting deterrence, retribution and protection of the community, the applicant's favourable subjective circumstances, prison conduct, contrition and rehabilitation prospects meant he should not remain in prison for life. A specified term of twenty-five years for each murder, concurrent and backdated to 8 November 1989, with a non-parole period of eighteen years nine months, was appropriate and proportionate.

Jurisdiction
Australia
Judgment Date
06 July 2000
Procedural Posture
Criminal Sentencing Application / Application to Determine Terms for Life Sentences
Outcome
Application granted by setting specified terms and non-parole periods for the murder sentences.
Legal Topics
['murder' 'life Sentences' 'non Parole Period' 'multiple Murders' 'protection of the Community' 'deterrence and Retribution']
['criminal Law' 'sentencing'] ['murder' 'life Sentences' 'non Parole Period' 'multiple Murders' 'protection of the Community' 'deterrence and Retribution']

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Procedural Posture

Criminal Sentencing Application / Application to Determine Terms for Life Sentences

Legal Issues

  1. 1 ["Whether the applicant's existing life sentences for two murders should be converted to specified terms with non-parole periods." "What specified term and non-parole period should be set having regard to the circumstances of the offences, the applicant's subjective circumstances, rehabilitation prospects, deterrence, retribution and protection of the community."]

Ratio Decidendi

Although the murders were extremely grave and required a lengthy sentence reflecting deterrence, retribution and protection of the community, the applicant's favourable subjective circumstances, prison conduct, contrition and rehabilitation prospects meant he should not remain in prison for life. A specified term of twenty-five years for each murder, concurrent and backdated to 8 November 1989, with a non-parole period of eighteen years nine months, was appropriate and proportionate.

Court Disposition

Application granted by setting specified terms and non-parole periods for the murder sentences.

Orders

  • ['In respect of each of the crimes of murder, the applicant is sentenced to imprisonment for twenty-five years.' 'The sentences are to be served concurrently and to date from 8 November 1989 and to expire on 7 November 2014.' 'In respect of each sentence, a non-parole period of eighteen years nine months is fixed.'...