R v Marshall [1999] NSWSC 1267

R v Marshall [1999] NSWSC 1267

The Court granted the unopposed s 13A application because more than ten years had elapsed since sentence and it was not inappropriate to redetermine the life sentence, but the seriousness of the murder, the multiple knife wounds, the applicant's serious criminal record, unresolved alcohol issues and lack of acceptance of guilt required a substantial sentence of nineteen years penal servitude with a minimum term of thirteen years six months and an additional term of five years six months.

Jurisdiction
Australia
Judgment Date
20 December 1999
Procedural Posture
Criminal Sentencing Application Under S 13 a of the Sentencing Act / Application for Determination of a Minimum Term and an Additional Term for an Existing Life Sentence for Murder
Outcome
Application granted; life sentence redetermined.
Legal Topics
['life Sentence Redetermination' 'murder' 'minimum Term and Additional Term' 'use of a Knife' 'contrition and Rehabilitation' 'parole Eligibility']
['criminal Law' 'sentencing'] ['life Sentence Redetermination' 'murder' 'minimum Term and Additional Term' 'use of a Knife' 'contrition and Rehabilitation' 'parole Eligibility']

Case Brief

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Procedural Posture

Criminal Sentencing Application Under S 13 a of the Sentencing Act / Application for Determination of a Minimum Term and an Additional Term for an Existing Life Sentence for Murder

Legal Issues

  1. 1 ["Whether the applicant's life sentence for murder should be redetermined under s 13A of the Sentencing Act by fixing a minimum term and an additional term." "What minimum term and additional term should be fixed having regard to the circumstances of the offence, the applicant's convictions, prison progress, lack of contrition, alcohol abuse, rehabilitation and risk of reoffending."]

Ratio Decidendi

The Court granted the unopposed s 13A application because more than ten years had elapsed since sentence and it was not inappropriate to redetermine the life sentence, but the seriousness of the murder, the multiple knife wounds, the applicant's serious criminal record, unresolved alcohol issues and lack of acceptance of guilt required a substantial sentence of nineteen years penal servitude with a minimum term of thirteen years six months and an additional term of five years six months.

Court Disposition

Application granted; life sentence redetermined.

Orders

  • ['The applicant is sentenced to nineteen years penal servitude.' 'A minimum term of thirteen years six months is fixed.' 'An additional term of five years six months is fixed.' 'The sentence is backdated to 14 May 1988.' 'The minimum term will expire on 13 November 2001.' 'The additional term will commence on 14...