Regina v Le [1999] NSWSC 993

Regina v Le [1999] NSWSC 993

Given the applicant's period in custody (almost eleven years), genuine attempts at rehabilitation, expressions of remorse, and historical sentencing practice, the original life sentence should be redetermined to a total 20-year term with a minimum of 12 years, making him eligible for parole at the conclusion of the minimum term.

Jurisdiction
Australia
Judgment Date
20 August 1999
Procedural Posture
Criminal / Application for Redetermination of Life Sentence
Outcome
Applicant resentenced; life sentence redetermined.
Legal Topics
['life Sentence' 'sentence Redetermination' 'murder']
['criminal Law'] ['life Sentence' 'sentence Redetermination' 'murder']

Case Brief

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Procedural Posture

Criminal / Application for Redetermination of Life Sentence

Legal Issues

  1. 1 ['Whether the life sentence imposed following conviction for murder should be redetermined under s 13A of the Sentencing Act 1989']

Ratio Decidendi

Given the applicant's period in custody (almost eleven years), genuine attempts at rehabilitation, expressions of remorse, and historical sentencing practice, the original life sentence should be redetermined to a total 20-year term with a minimum of 12 years, making him eligible for parole at the conclusion of the minimum term.

Court Disposition

Applicant resentenced; life sentence redetermined.

Orders

  • ["Applicant is sentenced to a total term of twenty years' penal servitude, commencing 29 September 1988." 'Sentence comprises a minimum term of twelve years (29 September 1988 – 28 September 2000) and an additional term of eight years (from 29 September 2000).' 'Applicant first becomes eligible for parole on 28...