Crump v R [2016] NSWCCA 2

Crump v R [2016] NSWCCA 2

McInerney J did not err in taking into account the overall criminality involved in all offences when re-determining the life sentence for murder, in light of statutory constraints (particularly s 13A(5)), consistent with established authority on the application of the totality principle. There was no error of principle or manifest excess; accordingly, leave to appeal should be refused, but an extension of time granted to allow the application to be considered.

Jurisdiction
Australia
Judgment Date
05 February 2016
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence Redetermination; Application for Extension of Time
Outcome
Leave to appeal refused; extension of time granted
Legal Topics
['life Sentences' 'redetermination of Sentence' 'totality Principle' 'parole Eligibility' 'appeal Out of Time']
['criminal Law' 'sentencing'] ['life Sentences' 'redetermination of Sentence' 'totality Principle' 'parole Eligibility' 'appeal Out of Time']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence Redetermination; Application for Extension of Time

Legal Issues

  1. 1 ['Whether the determination of minimum and additional term for life imprisonment was excessive' 'Whether overall criminality of other offences should be considered when redetermining existing life sentence under s 13A of Sentencing Act 1989 (NSW)' "Whether Court of Criminal Appeal's power to re-determine sentence is restricted by Sch 1, cl 4(3) of Crimes (Sentencing Procedure) Act 1999 (NSW)"]

Ratio Decidendi

McInerney J did not err in taking into account the overall criminality involved in all offences when re-determining the life sentence for murder, in light of statutory constraints (particularly s 13A(5)), consistent with established authority on the application of the totality principle. There was no error of principle or manifest excess; accordingly, leave to appeal should be refused, but an extension of time granted to allow the application to be considered.

Court Disposition

Leave to appeal refused; extension of time granted

Orders

  • ['Extend the time for the applicant to apply for leave to appeal up to and including 23 April 2015.' 'Dismiss the application for leave to appeal from the determination of McInerney J of 24 April 1997.']