R v Barker [2001] NSWSC 295

R v Barker [2001] NSWSC 295

In re-sentencing the applicant for murder, the court must account for his surrender, confession, cooperation, contrition, guilty plea, subsequent sentences for prior offences, and apply the totality principle so that the aggregate criminality is appropriately but not doubly punished. A specified term of 21 years with a non-parole period of 16 years six months is just and proper, given all the circumstances including rehabilitation and risk of reoffending.

Parties
Prosecutor: Regina; Applicant: Leonard Samuel Barker
Jurisdiction
Australia
Judgment Date
24 April 2001
Procedural Posture
Criminal / Application for Determination of Term and Non Parole Period for Life Sentence
Outcome
Application allowed; term and non-parole period set for life sentence.
Legal Topics
Sentencing, Murder, Non Parole Period, Re Sentencing, Totality Principle, Discount for Plea and Cooperation
Criminal Law Sentencing Murder Non Parole Period Re Sentencing Totality Principle Discount for Plea and Cooperation

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Parties

Regina

Prosecutor

Leonard Samuel Barker

Applicant

Procedural Posture

Criminal / Application for Determination of Term and Non Parole Period for Life Sentence

Legal Issues

  1. 1 What is the appropriate determinate sentence and non-parole period for the applicant's life sentence for murder, considering subsequent convictions and sentences?
  2. 2 How should the applicant's plea, surrender, cooperation, and rehabilitation impact the sentence?
  3. 3 How should the totality principle and subsequent sentences for prior offences be applied in setting the final term and non-parole period?

Ratio Decidendi

In re-sentencing the applicant for murder, the court must account for his surrender, confession, cooperation, contrition, guilty plea, subsequent sentences for prior offences, and apply the totality principle so that the aggregate criminality is appropriately but not doubly punished. A specified term of 21 years with a non-parole period of 16 years six months is just and proper, given all the circumstances including rehabilitation and risk of reoffending.

Court Disposition

Application allowed; term and non-parole period set for life sentence.

Orders

  • Applicant re-sentenced to 21 years imprisonment commencing 24 February 1988 to expire 23 February 2009.
  • Non-parole period set at 16 years 6 months; earliest release to parole is 24 August 2004.