Regina v Michael Kiely [2002] NSWSC 1222

Regina v Michael Kiely [2002] NSWSC 1222

Application granted as the applicant's case is substantially similar to co-offender whose life sentence was redetermined. No grounds for distinguishing treatment were identified. Applicant has shown genuine remorse, demonstrated rehabilitation, and poses minimal community safety risk according to expert evidence and Serious Offenders Review Council reports.

Parties
Crown: Regina; Applicant: Michael Kiely
Jurisdiction
Australia
Judgment Date
16 December 2002
Procedural Posture
Criminal / Application for Redetermination of Life Sentence
Outcome
Application granted; sentence redetermined.
Legal Topics
Sentence Redetermination, Murder, Non Parole Period, Parity of Sentencing, Remorse, Serious Offenders Review
Criminal Law Sentence Redetermination Murder Non Parole Period Parity of Sentencing Remorse Serious Offenders Review

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Parties

Regina

Crown

Michael Kiely

Applicant

Procedural Posture

Criminal / Application for Redetermination of Life Sentence

Legal Issues

  1. 1 Whether life sentence should be redetermined under Crimes (Sentencing Procedure) Act 1999 (NSW) Schedule 1
  2. 2 Appropriate term and non-parole period for murder conviction
  3. 3 Degree of remorse and prospects of rehabilitation

Ratio Decidendi

Application granted as the applicant's case is substantially similar to co-offender whose life sentence was redetermined. No grounds for distinguishing treatment were identified. Applicant has shown genuine remorse, demonstrated rehabilitation, and poses minimal community safety risk according to expert evidence and Serious Offenders Review Council reports.

Court Disposition

Application granted; sentence redetermined.

Orders

  • Applicant resentenced to 18 years imprisonment with non-parole period of 14 years.
  • Sentence and non-parole period commenced 17 April 1989.