Regina v George Alfred McLEOD [1999] NSWSC 78

Regina v George Alfred McLEOD [1999] NSWSC 78

Granting the application to re-determine the sentence is proper, given the applicant's progress in rehabilitation, absence of evidence of continuing alcohol problem, and having regard to all relevant circumstances, including antecedents. An aggregate sentence of 17 years, with a minimum term of 12 years and additional term of 5 years, is appropriate.

Parties
Prosecution: Regina; Applicant: George Alfred McLeod
Jurisdiction
Australia
Judgment Date
19 February 1999
Procedural Posture
Criminal / Sentence Re Determination
Outcome
application granted
Legal Topics
Sentencing, Re Determination of Life Sentence, Murder, Provocation, Intoxication, Criminal Antecedents
Criminal Law Sentencing Re Determination of Life Sentence Murder Provocation Intoxication Criminal Antecedents

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Parties

Regina

Prosecution

George Alfred McLeod

Applicant

Procedural Posture

Criminal / Sentence Re Determination

Legal Issues

  1. 1 Whether the applicant's life sentence should be re-determined as a minimum term and an additional term under section 13A of the Sentencing Act 1989 (NSW)
  2. 2 What is the appropriate minimum and additional term given the applicant's circumstances
  3. 3 Effect of provocation and intoxication on culpability

Ratio Decidendi

Granting the application to re-determine the sentence is proper, given the applicant's progress in rehabilitation, absence of evidence of continuing alcohol problem, and having regard to all relevant circumstances, including antecedents. An aggregate sentence of 17 years, with a minimum term of 12 years and additional term of 5 years, is appropriate.

Court Disposition

application granted

Orders

  • In lieu of the sentence of imprisonment for life passed on 3 July 1990, a sentence of penal servitude for 17 years is substituted.
  • Aggregate sentence apportioned as minimum term of 12 years and additional term of 5 years.