R v POSKART [2001] NSWSC 189

R v POSKART [2001] NSWSC 189

The Applicant's premeditated, cold-blooded murder with intent to kill and no mitigating circumstances was well within the upper range of seriousness and required a heavy sentence reflecting general deterrence, retribution and community protection. His good prison conduct, recognition of the consequences of drug use, efforts to avoid drugs, and psychological progress reduced the weight of personal deterrence and probably community protection, but did not remove the need for a substantial sentence. A sentence of 23 years with a 17 year non-parole period was appropriate for the murder alone, and a further 18 months was added to both terms to reflect the separate serious offence of being an...

Jurisdiction
Australia
Judgment Date
18 April 2001
Procedural Posture
Criminal Sentencing Application Under Section 13 a of the Sentencing Act 1989 for Substitution of Minimum and Additional Terms of Imprisonment in Lieu of a Life Sentence / Decision on Application in the Supreme Court of New South Wales, Criminal Division
Outcome
Life sentence redetermined; term of imprisonment and non-parole period substituted.
Legal Topics
['murder' 'life Sentence Redetermination' 'non Parole Period' 'totality Principle' 'victim Impact Statement' 'prison Conduct and Rehabilitation']
['criminal Law' 'sentencing'] ['murder' 'life Sentence Redetermination' 'non Parole Period' 'totality Principle' 'victim Impact Statement' 'prison Conduct and Rehabilitation']

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Procedural Posture

Criminal Sentencing Application Under Section 13 a of the Sentencing Act 1989 for Substitution of Minimum and Additional Terms of Imprisonment in Lieu of a Life Sentence / Decision on Application in the Supreme Court of New South Wales, Criminal Division

Legal Issues

  1. 1 ["Whether the Applicant's life sentence for murder should be redetermined by substituting minimum and additional terms of imprisonment." "What sentence and non-parole period were appropriate having regard to the seriousness of the murder, the Applicant's prison conduct, community safety, age, prior convictions, and statutory redetermination factors." 'How the prior conviction for being an accessory after the fact to murder should affect the redetermined sentence consistently with totality.']

Ratio Decidendi

The Applicant's premeditated, cold-blooded murder with intent to kill and no mitigating circumstances was well within the upper range of seriousness and required a heavy sentence reflecting general deterrence, retribution and community protection. His good prison conduct, recognition of the consequences of drug use, efforts to avoid drugs, and psychological progress reduced the weight of personal deterrence and probably community protection, but did not remove the need for a substantial sentence. A sentence of 23 years with a 17 year non-parole period was appropriate for the murder alone, and a further 18 months was added to both terms to reflect the separate serious offence of being an...

Court Disposition

Life sentence redetermined; term of imprisonment and non-parole period substituted.

Orders

  • ['John Zbigniew Poskart, for the murder of Robert Caelli, the term of the sentence of the Court upon you is 24 years and 6 months, including a non-parole period of 18 years and 6 months both such periods commencing on 7 July 1988.']