R v Mark Terrence Woods [2005] NSWSC 1176

R v Mark Terrence Woods [2005] NSWSC 1176

On balance, considering the seriousness of the offences, applicant's progress and insight, reduction in maximum penalties, and completion of rehabilitation programs, redetermination is granted: 16 years for the fire offence; 20 years and six months minimum with additional term for life for wounding with intent to murder.

Parties
Applicant: Mark Terrence Woods; Respondent: Regina
Jurisdiction
Australia
Judgment Date
25 November 2005
Procedural Posture
Application for Redetermination of Life Sentences / Final Judgment
Outcome
Application granted. Sentences redetermined.
Legal Topics
Redetermination of Life Sentences, Sentencing Principles, Parole Eligibility, Serious Offenders, Sexual Offences, Violent Offences
Criminal Law Sentencing Redetermination of Life Sentences Sentencing Principles Parole Eligibility Serious Offenders Sexual Offences Violent Offences

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Parties

Mark Terrence Woods

Applicant

Regina

Respondent

Procedural Posture

Application for Redetermination of Life Sentences / Final Judgment

Legal Issues

  1. 1 Whether the applicant's life sentences should be redetermined under s 13A of the Sentencing Act 1989 (as amended)
  2. 2 Appropriate minimum and additional terms for the offences given changes in maximum penalties and rehabilitation evidence

Ratio Decidendi

On balance, considering the seriousness of the offences, applicant's progress and insight, reduction in maximum penalties, and completion of rehabilitation programs, redetermination is granted: 16 years for the fire offence; 20 years and six months minimum with additional term for life for wounding with intent to murder.

Court Disposition

Application granted. Sentences redetermined.

Orders

  • In respect of maliciously setting fire to a motor vehicle knowing ML was in that vehicle, sentenced to 16 years imprisonment from 4 December 1986 to 3 December 2004.
  • In respect of feloniously wounding ML with intent to murder, sentenced to minimum term of 20 years and six months imprisonment from 4 December 1986 to 3 June 2007, with an additional term for balance of natural life.