Regina v Kenneth Lloyd Clarke [2002] NSWSC 993

Regina v Kenneth Lloyd Clarke [2002] NSWSC 993

The life sentence should be re-determined because, despite the murder being a very serious crime of high objective culpability and despite concerns about absence of apparent remorse and prior domestic violence, the available correctional and psychological material showed real and significant progress toward rehabilitation, and it was more probable than not that with appropriate post-release assistance and supervision the applicant would not re-offend in any serious way. A sentence of imprisonment for 20 years with a non-parole period of 15 years, both commencing on 17 June 1989, was adequate to the circumstances; a shorter non-parole period was not justified as it would not be adequate.

Jurisdiction
Australia
Judgment Date
25 October 2002
Procedural Posture
Application for Re Determination of an Existing Life Sentence / Judgment in the Supreme Court of New South Wales, Criminal Division
Outcome
Application for re-determination of sentence granted; life sentence substituted with imprisonment for 20 years commencing 17 June 1989, with a non-parole period of 15 years commencing 17 June 1989 and expiring on 16 June 2004.
Legal Topics
['murder' 'existing Life Sentence' 're Determination of Sentence' 'non Parole Period' 'community Safety' 'rehabilitation' 'victim Impact Statement']
['criminal Law' 'sentencing'] ['murder' 'existing Life Sentence' 're Determination of Sentence' 'non Parole Period' 'community Safety' 'rehabilitation' 'victim Impact Statement']

Case Brief

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Procedural Posture

Application for Re Determination of an Existing Life Sentence / Judgment in the Supreme Court of New South Wales, Criminal Division

Legal Issues

  1. 1 ["Whether the applicant's existing life sentence for murder should be re-determined under Schedule 1 to the Crimes (Sentencing Procedure) Act 1999." 'What substituted sentence and non-parole period should be imposed if the life sentence were re-determined.' 'Whether the need to preserve the safety of the community precluded or affected re-determination of the life sentence.' 'Whether special circumstances justified a more lenient non-parole period.']

Ratio Decidendi

The life sentence should be re-determined because, despite the murder being a very serious crime of high objective culpability and despite concerns about absence of apparent remorse and prior domestic violence, the available correctional and psychological material showed real and significant progress toward rehabilitation, and it was more probable than not that with appropriate post-release assistance and supervision the applicant would not re-offend in any serious way. A sentence of imprisonment for 20 years with a non-parole period of 15 years, both commencing on 17 June 1989, was adequate to the circumstances; a shorter non-parole period was not justified as it would not be adequate.

Court Disposition

Application for re-determination of sentence granted; life sentence substituted with imprisonment for 20 years commencing 17 June 1989, with a non-parole period of 15 years commencing 17 June 1989 and expiring on 16 June 2004.

Orders

  • ['The application for re-determination of the current sentence of life imprisonment is granted.' 'In lieu of the life sentence, Kenneth Lloyd Clarke is sentenced to imprisonment for 20 years, commencing on 17 June 1989.' 'A non-parole period of 15 years is set, commencing on 17 June 1989 and expiring on 16 June...